|Processes » Trials in General » Different Grades and Kinds of Tribunals » The tribunal of the first instance » The judge|
|Canon 1419.||§1. In each 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 according to the following canons.
§2. If a case concerns the rights or temporal goods of a juridic person represented by the bishop, the appellate tribunal judges in first instance.
|Canon 1420.||§1. Each diocesan bishop is bound to appoint a judicial vicar, or offcialis, with ordinary power to judge, distinct from the vicar general unless the small size of the diocese or the small number of cases suggests otherwise.
§2. The judicial vicar constitutes one tribunal with the bishop but cannot judge cases which the bishop reserves to himself.
§3. The judicial vicar can be given assistants who are called adjutant judicial vicars, or vice-officiales.
§4. Both the judicial vicar and adjutant judicial vicars must be priests, of unimpaired reputation, doctors or at least licensed in canon law, and not less than thirty years of age.
§5. When the see is vacant, they do not cease from their function and cannot be removed by the diocesan administrator; when the new bishop arrives, however, they need confirmation.
|Canon 1421.||§1. In a diocese, the bishop is to appoint diocesan judges, who are to be clerics.
§2. The conference of bishops can also permit the appointment of lay persons as judges; when it is necessary, one of them can be selected to form a college.
§3. Judges are to be of unimpaired reputation and doctors or at least licensed in canon law.
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