Non-Marriage Case Uses of the Tribunal?

[Tarpeian_Rock]

My understanding is that the diocesan Tribunal is in fact an ecclesiastical court operating under, and for the application of, Canon Law – and as such, can apply and enforce such penalties as provided for under Canon Law.

With that assumption, can an individual retain a canon lawyer and bring an action against a cleric under Canon Law and submit that case to their local Tribunal? As an example: say a priest makes untrue, slanderous accusations against an individual. One option would be a civil action in public court. However, if the alleged victim wanted to keep the matter “in house,” is a Tribunal-based remedy available to a person for a claimed offense like this?

Similarly, what non-marital matters would a local Tribunal typically handle?

 

[Digitonomy]

While there are other issues of canon law that a tribunal can typically decide, I don’t secular courts are a very apt comparison. My understanding is that tribunals are generally deciders of fact. E.g. a marriage exists, or it does not. I don’t believe they participate in the sentencing portion or the awarding of damages that you might find in a secular court. As such, their scope and power is much more limited.

Instead, it is generally up to the bishop to decide what administrative penalties or actions are needed in a given situation. For this reason, many legal cases in the secular world don’t have a tribunal equivalent, and are just handled administratively. I suspect this would be the case with your example.

 

[Matthew_Holford]

My understanding is that the diocesan Tribunal is in fact an ecclesiastical court operating under, and for the application of, Canon Law – and as such, can apply and enforce such penalties as provided for under Canon Law.

With that assumption, can an individual retain a canon lawyer and bring an action against a cleric under Canon Law and submit that case to their local Tribunal? As an example: say a priest makes untrue, slanderous accusations against an individual. One option would be a civil action in public court. However, if the alleged victim wanted to keep the matter “in house,” is a Tribunal-based remedy available to a person for a claimed offense like this?

Similarly, what non-marital matters would a local Tribunal typically handle?

Tribunals are able to deal with other types of case. A whole book of the Code of Canon Law is devoted to this. However, I think it’s rare for them to deal with anything other than marriage.

 

[joanofarc2008]

I think this is more a Canon law question. It will be interesting to see if any of the Canonical experts on the forum weigh in.

 

[NewEnglandPriest]

My understanding is that the diocesan Tribunal is in fact an ecclesiastical court operating under, and for the application of, Canon Law – and as such, can apply and enforce such penalties as provided for under Canon Law.

With that assumption, can an individual retain a canon lawyer and bring an action against a cleric under Canon Law and submit that case to their local Tribunal? As an example: say a priest makes untrue, slanderous accusations against an individual. One option would be a civil action in public court. However, if the alleged victim wanted to keep the matter “in house,” is a Tribunal-based remedy available to a person for a claimed offense like this?

Similarly, what non-marital matters would a local Tribunal typically handle?

In such a case it would be best to sit down with someone from the Bishop’s office and take it from there. The Bishop can discipline the priest for behavior unbecoming of his office.

 

[dans0622]

My understanding is that the diocesan Tribunal is in fact an ecclesiastical court operating under, and for the application of, Canon Law – and as such, can apply and enforce such penalties as provided for under Canon Law.

With that assumption, can an individual retain a canon lawyer and bring an action against a cleric under Canon Law and submit that case to their local Tribunal? As an example: say a priest makes untrue, slanderous accusations against an individual. One option would be a civil action in public court. However, if the alleged victim wanted to keep the matter “in house,” is a Tribunal-based remedy available to a person for a claimed offense like this?

Similarly, what non-marital matters would a local Tribunal typically handle?

Hello Tarpeian Rock,

Canons 1400-1401 define what topics tribunals are to be concerned with:

"Can. 1400 §1. The object of a trial is:

1. the pursuit or vindication of the rights of physical or juridic persons, or the declaration of juridic facts;
2. the imposition or declaration of a penalty for delicts.

§2. Nevertheless, controversies arising from an act of administrative power can be brought only before the superior or an administrative tribunal.

Can. 1401 By proper and exclusive right the Church adjudicates:

1. cases which regard spiritual matters or those connected to spiritual matters;
2. the violation of ecclesiastical laws and all those matters in which there is a question of sin, in what pertains to the determination of culpability and the imposition of ecclesiastical penalties."

Regarding your hypothetical situation, I recall such a trial that originated in, I think, Australia–a person claimed that a priest violated her right to a good reputation (cf. c. 220) and perhaps some other violations. The priest was supposed to have publically said things like “That person is crazy.” I don’t remember how the case was decided, however… I think the Plaintiff “won.”

All that being said, a diocesan tribunal does not “typically handle” anything other than marriage cases. Cases involving penalties (imposed upon clerics) are the next most common matter but that is still not what I would call “typical.”

I hope this helps. Thanks for your time.

Dan

 

[puzzleannie]

? As an example: say a priest makes untrue, slanderous accusations against an individual.

the proper procedure is to bring the complaint in writing and formally to the bishop or person he designates, typically the Vicar for Priests or Vicar General, who will be the one to determine if there is a canon law that has been breeched and if any legal sanction needs to be taken agains the priest in canon law. He is also the person to report any abuse by a priest.

If there has been a violation of civil or criminal law that should be reported also to the appropriate civil authorities

Similarly, what non-marital matters would a local Tribunal typically handle?

the tribunal investigates matters that pertain to canon law, whether that on sacraments such as marriage and holy orders, or matters of church governance etc. It is not a court that judges criminal and civil compaints or torts and awards judgements.

 

[Joe_Kelley]

I had a case where we prepared two women of the Maronite Church for Confirmation [with their pastor’s permission]. The Tribunal worked with the Maronite Tribunal to get permission our Latin pastor to administer the sacrament. [The Maronite bishop sent a very nice letter thanking us for our efforts.]