In Re Marriage of Bozarth

While I agree with the majority that communications between spouses made during the marriage are privileged, even in a child custody proceeding, I disagree that David Brady’s (husband) testimony concerning his observations of his wife’s activities is also precluded. Therefore, I respectfully concur in part and dissent in part.

This court has held that the spousal privilege statute must be strictly construed because of the privilege’s tendency to obstruct full disclosure of the truth. Petro-Lewis Corp. v. District Court, 727 P.2d 41 (Colo.1986); Keeler v. Russum, 68 Colo. 196, 189 P. 255…