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S i d e b a r
People in the Process
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This Rock
Volume 17, Number 5
 May-June 2006 
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Judicial vicar: Appointed by the diocesan bishop to administer the tribunal and to exercise the judicial power of the bishop. One or more adjutant judicial vicars may be appointed to assist him depending upon the size and needs of the diocese. The judicial vicar and his adjutants must be priests.
Promoter of justice: Appointed by the diocesan bishop, he is like a county prosecutor in the secular courts. The promoter of justice may initiate cases when there is an injustice in need of correction. He is seldom involved in marriage cases.
Defender of the bond: At least one defender of the bond is appointed to each diocesan tribunal. Responsible for presenting reasonable arguments in favor of the marriage bond’s presumption of validity. He or she can be a cleric or a layperson but must possess at least a licentiate in canon law (except in cases where the Holy See grants special permission).
Judges and notaries: Several are appointed by the bishop to judge cases coming before the tribunal and to authenticate the various legal documents relevant to the judicial process. The judicial vicar or his adjutant assigns specific judges, notaries, and a defender of the bond to each case.
Sole judge or collegiate tribunal of three judges: Assigned by the judicial vicar. A sole judge must be a cleric; in a collegiate tribunal, if two judges are clerics, a qualified layperson may serve as the third. All judges must have specialized training, with a degree in canon law unless given a special indult by the Holy See.
Auditors: Appointed by judges to collect testimony on behalf of the tribunal, they are trained to ask questions of the parties and their witnesses. This position is a common introduction to tribunal ministry. Many canonists begin their canonical ministry as auditors.
Assessor: Designated by the judge to give advice on a specific issue or on the problems of a trial.
Experts: Usually a psychologist or psychiatrist called by the judges to review a case or examine the parties to it and submit a brief to the tribunal. Occasionally, the judge may call experts in other areas; for example, if a wedding involves two soldiers in a combat zone, the judge may call a retired commanding officer as an expert in military life.
Petitioner: The person who applies to have his or her marriage examined by the tribunal.
Respondent: The former spouse of the petitioner.
Advocate and procurator: An advocate may be appointed by petitioner or respondent to argue on their respective behalf. A procurator may be appointed by the petitioner or respondent to receive documents from the tribunal and make decision on behalf of the petitioner or the respondent. The same person may serve as both procurator and advocate.
Witnesses: Provide evidence in a case. Parents, siblings, relatives, and old friends who knew the couple well before their wedding day usually appear, but anyone can be a witness (unless they have been expressly prohibited by law). Can be called by the petitioner, respondent, or the tribunal. Witnesses are bound to tell the truth to a court that lawfully questions them.
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