Secret Tapes Priest Sued for 'Malpractice'

Oct. 3 -- When Julie Mabus' husband, former Mississippi Gov. Ray Mabus, invited their Episcopal priest to come over and talk about their deteriorating marriage, she did not know what both men knew: that her husband planned to secretly tape-record the conversation.

The meeting was confrontational: her husband told her he knew about the affair she was having, and she lashed out, telling him she hated him and would make their two daughters hate him too.

The former first lady says she believed the conversation was in confidence. But in the ensuing divorce proceedings, she learned that her husband had taped the conversation — and that the priest, Father Jerry McBride, had known about it but did not tell her. In a bitter custody fight, a judge ruled that the couple's two daughters should split time evenly between their mother and father. But he awarded legal custody to the father, saying that he was the "more emotionally ... stable parent."

The taping itself was legal, but now the former first lady — who is now known as Julie Hines — is suing McBride and his church for "clergy malpractice," claiming that the priest violated his position of trust by not revealing that the 1998 meeting was being taped. Her lawsuit argues that priests should be treated like doctors, attorneys and other professionals. Hines is not suing her ex-husband.

Previous "clergy malpractice" lawsuits have failed, with courts reluctant to intervene in an area protected by the First Amendment's freedom of religion clause.

Bright Young Couple

The Mabuses both came from affluent, well-connected backgrounds and their marriage in 1987 attracted a lot of attention in the Mississippi capital, Jackson. "They were seen as a very attractive, powerful couple with a bright future," said Sid Salter, veteran political columnist for the state's Clarion-Ledger newspaper.

Ray Mabus was state auditor at the time, but later that year was elected governor. He was defeated for reelection four years later, but the couple remained in the limelight when he served as ambassador to Saudi Arabia from 1994 to 1996.

When the couple came back to Jackson, though, "the gilded life melted and a lot of the reality began to set in," Hines told Primetime recently. She said she became lonely and started an affair with an old college friend.

By January 1998, Ray Mabus had learned of his wife's affair. He asked McBride to come and talk to them about their marriage, and told him that on the advice of his lawyer he planned to record the conversation without his wife's knowledge.