Ecclesiastical judge

An ecclesiastical judge (Latin: Judex -, or Judex Ecclesiasticus) is an ecclesiastical person who possesses ecclesiastical jurisdiction either in general or in the strict sense.

The official body appointed by the qualified ecclesiastical authority for the administration of justice is called a court (judicium ecclesiasticum, tribunal, auditorium) Every such court consists at the least of two sworn officials: the judge who gives the decision, and the clerk of the court (scriba, secretarius, scriniarius, notarius, cancellarius), whose duty is to keep a record of the proceedings and the decision. As a rule, however, an ecclesiastical court forms a collegiate tribunal, the members of which either join with the presiding officer in giving the decision as judges (judices) or merely advise with him as councillors (auditores, assessores, consultores, consiliarii) (cc. xvi, xxi, xxii, xxiii, X, De off. et pot. jud. deleg., I, xxix).

Connected with the courts are advocates, procurators, syndics, defenders, promoters, conservators, apparitors, messengers etc. The procurators and advocates conduct the case as the representatives or defenders of the parties to the suit; the syndic is the counsel of a juridical person, a collegiate body or a chapter. The chief duty of the conservators is to represent the rights of the personae miserabiles, i.e. members of orders, the poor, widows, orphans. The fiscal promoter (promotor fiscalis) is appointed by the ecclesiastical authorities to watch over ecclesiastical discipline, consequently in penal cases he appears as public prosecutor. A defensor matrimonii, or defender of the matrimonial tie, assists in suits concerning the invalidity of a marriage.

In addition to his jurisdiction, which can be ordinary, quasi-ordinary or delegated, the ecclesiastical judge must also have certain physical and moral qualities First, he must be an ecclesiastic, so women and laymen are excluded from the office. Yet the pope could confer the office upon a layman. It is further necessary to have full use of his senses and understanding, and suitable legal knowledge; the person appointed must also be twenty years old; but eighteen years will suffice for a judge appointed by the pope or if the parties agree to it. The judge must also have a good reputation, must not be excommunicated, suspended from office, or under an interdict Above all he must be impartial; a suspicion of partiality attaches to the judge who is personally interested in a case, or is related by blood within the fourth degree to one of the parties, or connected with one by marriage, or who lives in the same house, or dines at a common table, or is otherwise friendly, or on the other hand inimical, towards one of the parties, and he may be rejected (recusari, exceptio judicis suspecti) by the accused or by both parties as prejudiced (suspectus) If objection be raised against a judge on the ground of prejudice, which must be done in writing and if possible before the beginning of the action, arbitrators are to pass on the objection; if, however, objection be raised against the delegate of the bishop, the decision rests with the bishop. If the objection be declared well-founded, the judge transfers the case, with the concurrence of the party who brought the accusation, to another or to a higher judge. If the judge lacks the necessary qualifications, and this be known to the parties in the suit, the decision is invalid; if, however, his unfitness be unknown to the parties, and he follow statute canon law, the Church supplements the deficiency, even if the judge have acted in bad faith.

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