Judicial vicar
Encyclopedia
In the Roman Catholic Church
, a judicial vicar is an officer of the diocese
who has ordinary power
to judge cases in the diocesan ecclesiastical court
. Although the diocesan bishop can reserve certain cases to himself, the judicial vicar and the diocesan bishop are a single tribunal
, which means that decisions of the judicial vicar cannot be appealed to the diocesan bishop but must instead be appealed to the appellate tribunal. The judicial vicar (or “officialis”) ought to be someone other than the vicar general
, unless the smallness of the diocese or the limited number of cases suggest otherwise (canon 1420 §1). Other judges assist the judicial vicar either by deciding cases on a single judge basis or by forming with him a panel over which he or one of them presides. A judicial vicar may also be assisted by adjutant judicial vicars (or “vice-officiales”).
Judicial vicars, adjutants, and other judges who preside in cases must be priests of good repute, must be at least thirty years old, and must hold a doctorate
or licentiate
in canon law
(canon 1420 §4).
Judicial vicars are to serve for a specific term of office (canon 1422) and, unlike vicars general and episcopal vicars, do not cease from office when the diocese is without a bishop (canon 1420 §5), either through the bishop’s death, resignation (having been accepted by the Roman Pontiff), transfer, or privation of office (having been made known to the bishop).
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, a judicial vicar is an officer of the diocese
Diocese
A diocese is the district or see under the supervision of a bishop. It is divided into parishes.An archdiocese is more significant than a diocese. An archdiocese is presided over by an archbishop whose see may have or had importance due to size or historical significance...
who has ordinary power
Ordinary
In those hierarchically organised churches of Western Christianity which have an ecclesiastical law system, an ordinary is an officer of the church who by reason of office has ordinary power to execute the church's laws...
to judge cases in the diocesan ecclesiastical court
Ecclesiastical court
An ecclesiastical court is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages in many areas of Europe these courts had much wider powers than before the development of nation states...
. Although the diocesan bishop can reserve certain cases to himself, the judicial vicar and the diocesan bishop are a single tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
, which means that decisions of the judicial vicar cannot be appealed to the diocesan bishop but must instead be appealed to the appellate tribunal. The judicial vicar (or “officialis”) ought to be someone other than the vicar general
Vicar general
A vicar general is the principal deputy of the bishop of a diocese for the exercise of administrative authority. As vicar of the bishop, the vicar general exercises the bishop's ordinary executive power over the entire diocese and, thus, is the highest official in a diocese or other particular...
, unless the smallness of the diocese or the limited number of cases suggest otherwise (canon 1420 §1). Other judges assist the judicial vicar either by deciding cases on a single judge basis or by forming with him a panel over which he or one of them presides. A judicial vicar may also be assisted by adjutant judicial vicars (or “vice-officiales”).
Judicial vicars, adjutants, and other judges who preside in cases must be priests of good repute, must be at least thirty years old, and must hold a doctorate
Doctorate
A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder to teach in a specific field, A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder...
or licentiate
Licentiate
Licentiate is the title of a person who holds an academic degree called a licence. The term may derive from the Latin licentia docendi, meaning permission to teach. The term may also derive from the Latin licentia ad practicandum, which signified someone who held a certificate of competence to...
in canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
(canon 1420 §4).
Judicial vicars are to serve for a specific term of office (canon 1422) and, unlike vicars general and episcopal vicars, do not cease from office when the diocese is without a bishop (canon 1420 §5), either through the bishop’s death, resignation (having been accepted by the Roman Pontiff), transfer, or privation of office (having been made known to the bishop).