By Penny Wiegert, Editor
Very Rev. Joseph P. Jaskierny, Judicial Vicar for the Tribunal
DIOCESE—In this week’s issue of The Observer, you will read the official appointments to the Tribunal office for the Diocese of Rockford. But what exactly is a “Tribunal” and why do we need one? And why does this matter to the people in our pews?
Father Joseph Jaskierny, newly-appointed Judicial Vicar for the diocesan Tribunal, was asked to answer those very questions for Observer readers and this is his response.
“Justice is to give each person his or her due. In order to provide for the administration of justice in the Catholic Church, a diocese has a tribunal, which is an ecclesiastical court, to which Catholics — and sometimes non-Catholics — can petition to seek justice in those matters permitted by the laws of the Church, especially those laws in the Code of Canon Law.
“There are also three tribunals in Rome for the entire Church:
– the Apostolic Penitentiary,
– the Tribunal of the Roman Rota, and
– the Supreme Tribunal of the Apostolic Signatura.
“For many Catholics, the most well-known type of case handled by a diocesan Tribunal is a marriage nullity case (commonly, although erroneously, referred to as an “annulment”). These cases help people learn their status when they have had a wedding but the marital relationship — which is presumed valid — has irreparably broken down such that conjugal living
cannot be restored.
“In such a situation, the diocesan Tribunal investigates the matter to determine whether the relationship between the man and the woman was a valid marriage in the true sense according to the nature of marriage and the teachings of the Catholic Church. A declaration of nullity states that the marriage was null from its beginning, and, thus, the man and woman are free to marry others.
“Tribunals also handle other types of judicial matters. Most notable are penal cases in which a Catholic has violated the penal laws of the Church by committing a delict
(canonical crime).
“The Tribunal is overseen by the Judicial Vicar, who is a priest with a degree in canon law who has been appointed by the diocesan Bishop. The Judicial Vicar and the diocesan Bishop constitute a single Tribunal, and the Judicial Vicar exercises judicial power in the diocese (as does the diocesan Bishop). The Judicial Vicar is, by reason of office, an Ecclesiastical Judge. The Judicial Vicar can be assisted by Adjutant Judicial Vicars who are also judges.”
