Roles
Within the Metropolitan Tribunal of the Archdiocese of San Antonio, we use the following terms to name the roles on our team.
Advocate
Trained Catholic priests, religious sisters and lay persons who advise and advocate for the parties at the Tribunal, assist in the preparation of the case, and provide pastoral care through the process. In addition, Advocates may write briefs and accompany the Petitioner/Respondent to the hearing. An advocate must be appointed by an authentic mandate and present the mandate to the Tribunal. The priest who witnessed the wedding may not serve as the Advocate; his assistance may be more valuable in the capacity of a witness. A party may designate the Advocate of his/her own choosing. Typically, the Tribunal will offer names of Advocates who have volunteered to assist parties. An advocate must be approved by ecclesiastical authority to function in the Tribunal.
Assessor
An Assessor is a consultant to a single judge. When a sole judge has been appointed to decide a marriage nullity cause, he can seek advice from experts, clerics or lay persons, women or men, to assist him with the adjudication of the cause. Assessors function in merely consultative roles.
Auditor
The judge or the president of a collegiate tribunal can designate an auditor, selected either from the judges of the tribunal or from persons the bishop approves for this function, to instruct the case. The bishop can approve for the function of auditor clerics or lay persons outstanding for their good character, prudence, and doctrine. It is for the auditor, according to the mandate of the judge, only to collect the proofs and hand those collected over to the judge. Unless the mandate of the judge prevents it, however, the auditor can in the meantime decide what proofs are to be collected and in what manner if a question may arise about this while the auditor exercises his or her function.
Defender of the Bond
An officer of the court appointed by the bishop to defend the bond of marriage when its validity is contested. The Defender of the Bond, along with the Advocates of the parties, assist the judge by directing their own efforts at the discovery of the truth regarding the alleged nullity of marriage. The Defender of the Bond safeguards canonical procedure and, after all the evidence has been collected, presents the legal argument in defense of the bond of marriage against its dissolution or annulment. The Defender of the Bond must participate from the beginning of the process and during its course. The Defender of the Bond can never act in favor of the nullity of marriage; if in a special case he/she has nothing that can be reasonably proposed or argued in favor of the bond, the defender remits himself/herself to the justice of the court.
Judge
An ecclesiastical officer whereby one is empowered to preside over the gathering of evidence in controverted matters and render decisions on petitions presented to the court. A Collegiate judge is one who exercises the office as one of a panel of judges. The Ponens is the one who, in a panel of judges, is appointed to put the collegiate decision in writing. A judge is a degreed practitioner of Canon Law assigned to study legal cases and render a definitive decision.
Judicial Vicar
Each diocesan bishop is bound to appoint a judicial vicar, or offcialis, with ordinary power to judge. The Judicial Vicar constitutes one tribunal with the Diocesan Bishop. The Judicial Vicar possesses ordinary, vicarious power. The Judicial Vicar’s power is attached to the office, which itself involves a vicarious exercise of the judicial office of the Diocesan Bishop.
Notary
One who is designated to perform the legal functions of recording and certifying the acts of cases or other ecclesiastical documents. A notary must take part in every process, so that acts which have not been signed by the same are null.
Procurator
Trained Catholic priests, religious sisters and lay persons who are appointed by legitimate mandate of a party to carry out judicial actions such as to renounce an action or judicial act or come to an agreement or make a bargain on behalf of the party. A procurator must be appointed by an authentic mandate which is presented to the Tribunal.
Promoter of Justice
An officer of the court appointed by the bishop is required by law and whose function is to intervene in cases which may affect the public welfare and the public good of the Church to assure adherence to procedural law. If the promoter of justice has challenged the marriage, then he or she takes on the role of the petitioner in the process. His/Her participation in a cause can also be ordered by the judge or can be requested by the Defender of the Bond or the parties.