Tribunal

What the Tribunal does

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What the Tribunal does

The diocesan bishop, who by divine institution succeeds to the place of the Apostles through the Holy Spirit who has been given to him, is constituted a pastor in the Church and exercises the threefold functions of teaching, sanctifying, and governing, so that he is a teacher of doctrine, priest of sacred worship, and minister of governance
(c. 375 §1).1

He governs the particular church entrusted to him with legislative, executive, and judicial power according to the norm of law (c. 391 §1). Therefore, in his diocese and for all cases not expressly excepted by law, the judge of first instance is the diocesan bishop, who can exercise judicial power personally or through others (c. 1419 §1). In practice, this judicial power is exercised through a judicial vicar, or officialis, who has ordinary power to judge and who constitutes one tribunal with the bishop (c. 1420 §§1-2). The judicial vicar functions as the principle canonical advisor to the diocesan bishop. Other qualified individuals may be appointed as judges also (cc. 391 §2, 1421).

The Code of Canon Law, besides containing the fundamental elements of the hierarchical and organic structure of the Church and principles which govern the exercise of the threefold office entrusted to the Church, also lays down certain rules and norms of behavior. Since the Church is organized as a social and visible structure, these norms are required in order that:

Its hierarchical and organic structure be visible;

The exercise of the functions divinely entrusted to it, especially that of sacred power and of the administration of the sacraments, may be adequately organized;

The mutual relations of the faithful may be regulated according to justice based on charity, with the rights of individuals guaranteed and well-defined; and, finally,

Common initiatives undertaken to live a Christian life ever more perfectly may be sustained, strengthened, and fostered by canonical norms.

In addition to canonical advice and oversight, the services of the Tribunal frequently involve a trial, whose objects are the pursuit or vindication of the rights of physical or juridic persons, or the declaration of juridic facts, as well as the imposition or declaration of a penalty for delicts (c. 1400 §1). In practice, much of the Tribunal's efforts involve the adjudication of petitions from individuals seeking to determine their freedom to marry in the Church. A detailed and thorough investigation, after all necessary proofs have been collected and studied, may result in a decree of nullity, commonly referred to as an annulment.

1 Parenthetical references, i.e. c. 375 §1, may be found in the applicable canon in the Code of Canon


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Directions to the Tribunal Office (in the Msgr. James Amos Pastoral Center)