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The Catholic Lawyer

Volume 10 Number 3 Volume 10, Summer 1964, Number 3 Article 6

October 2016

Lay Attorneys in Canonical Marriage Cases

Rt. Rev. Marion J. Reinhardt

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Recommended Citation Rt. Rev. Marion J. Reinhardt (1964) "Lay Attorneys in Canonical Marriage Cases," The Catholic Lawyer: Vol. 10 : No. 3 , Article 6. Available at: https://scholarship.law.stjohns.edu/tcl/vol10/iss3/6

This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. LAY ATTORNEYS IN CANONICAL MARRIAGE CASES

RT. REV. MARION J. REINHARDT*

A NATTORNEY WOULD BE the last one to assume an obligation in a legal capacity without proper preparation. The question imme- diately arises as to the requirements to practice canon law. Canon 1657 specifies that to be such an attorney one must at least have a doctorate or be otherwise truly skilled in canon law. The doctorate in canon law is earned by completing a three-year course of study in canon law at a pontifical university.' Catholic University, Washington, D.C., is the only pontifical university in the United States which has a school of canon law. In view of a declaration of the Sacred Congregation of Seminaries and Universities, issued May 23, 1948, a licentiate degree may suffice,2 which degree may be obtained after two years of required coursesA Canon 1657 uses the word "at least" because canonical cases frequently pre- suppose concepts taken from other studies, e.g., a case involving the validity of baptism would lead one to theology for a specification of the necessary matter and form of this sacrament. A layman pursuing a course in canon law might encounter some diffi- culty in the use of Latin. The Code of Canon Law is in Latin. Most com- mentaries on the Code are in Latin to permit their use throughout the world. The decisions of the Sacred Roman Rota, which are published annually but always ten years after they are given, are in Latin. Most of the current literature in canon law is likewise in Latin. A reading knowledge of Latin is a necessity for a canonist, especially to acquaint himself with the jurisprudence of the Rota. Frequently one hears the comment that the decisions of the Sacred Roman Rota are not binding on the lower courts. It is correct that canon law does not have the doctrine of "stare decisis," but Canon 20 does specify that if there is * S.T.B., Gregorian University-Rome; LL.B., St. John's University School of Law; J.C.P., Catholic University of America; Presiding Judge of the Tribunal of the Diocese of Brooklyn. 1Constitutio Apostolica, Deus scientiarum Dominus, 24 maii 1931, art. 45-Acta Apostolicae Sedis, XXIT (1931), 258. 2 Acta Apostolicae Sedis, XL (1948), 260. sConstitutio Apostolica, Deus scientiarum Dominus, 24 maii 1931, art. 43-Acta Aposteolicae Sedis, XXIII (1931), 258. LAY ATTORNEYS no general or particular law governing a determine the fees to be asked by attorneys. matter, among other sources the usage and In general, canonical attorneys in the practice of the Roman Curia must be con- United States have been priests and they sidered as supplementary law. For marriage have been giving their services gratuitously. cases there is no greater source of knowl- Although the parties to an action can be edge of the usage and practice of the Roman forced to defray the expenses of the process, Curia than the jurisprudence of the Rota, in practice they are asked to pay a very which can only be learned by a study of the small percentage 4 of the actual expenses. It published cases. is approximately estimated that the costs of In addition to the required study, to be an ordinary canonical trial are at least be- recognized as an attorney in an ecclesias- tween eight hundred and one thousand dol- tical trial there is the requirement of ap- lars, while the parties generally are only 5 proval of the bishop of the diocese. Such asked to pay from one hundred to one approval, naturally, would only be given to hundred and fifty dollars. To this sum are one about whose character and reputation added any exceptional expenses, e.g., medi- there is no question. cal and psychiatric experts, copies of medi- It might be noted that the Official cal records, etc. In these estimations there Catholic Directory of the United States, is not considered the work of those who published annually, lists many clergy as ap- give their time and efforts without recom- proved attorneys who have not had the re- pense, e.g., collegiate judges, notaries, attor- quired studies. Canon 1657 does permit the neys. Some tribunals ask for no payment of approval of an attorney without the required fees whatsoever. formal study in the case of one who is truly Could this be changed to permit the court skilled in canon law. The seminary curricu- to receive reimbursement for its expendi- lum requires extensive courses in canon law tures and to permit attorneys to receive and frequently a bishop will be able to find reasonable fees? The answer can only be among his priests some who have been out- given by the bishop of the diocese. Up to standing in this field, and especially in the the present time merely token fees have substantive law of marriage. been rquested of parties to avoid the well Another factor which might discourage known accusation that "you can get a church an attorney from obtaining the necessary annulment if you are willing to pay for it." qualifications and seeking approval to prac- Bishops have preferred and apparently con- tice in canon law is the matter of remunera- tinue to prefer to have the diocese assume tion. Every professional man is willing and the greater part of the tribunal expenses. ready to do his share of charity but justly They have called upon priests who are he feels that a client who has the means working in parishes and who are exception- should be disposed to pay a reasonable fee. ally skilled in canon law to offer their ser- No one should object to this in principle. vices gratuitously either to the tribunal or On the other hand, Canon 1909, Section 1 as attorneys to the party litigants. specifies that ecclesiastical authority is to It has been suggested that lay canon 4S.R. Rotae Decisiones, 6 maii 1941, coram lawyers would be able to expedite canonical Wynen, dec. XXXIII, n.9, vol. XXXIII (1941), processes pp. 367-70. and help to bring them to an 5 Can. 1658, §1. earlier conclusion. This suggestion presup- 10 CATHOLIC LAWYER, SUMMER 1964

poses that the time consumed at present for ical matters. Most frequently these priests a canonical process is greater because of have an office at the diocesan curia or chan- our priest-attorneys. This is not necessarily cery. They will give counsel as to whether so, nor is it usually the case. Unlike practice there is reasonable hope of success in pre- before our civil courts, the attorney does senting a bill of complaint of nullity or not have a very active part in the probative whether the accusation of nullity is without stage of the process. Unless by exception, foundation. Because this supplying of gratu- he is not permitted to be present at the itous legal counsel is not specifically pro- questioning of the parties or witnesses. In vided for in the Code of Canon Law, there is this connection one should remember that no uniformity in terminology. In some chan- in canonical practice, where the salvation of ceries they are called notaries; in others, souls or the public good is involved, the assistant chancellors, vice-chancellors, or court is always empowered to and it is ex- canonical consultants. In most instances pected to supply any proof which a party or these same priests will take an active part in 6 an attorney has overlooked. preparing administrative cases for immedi- In the canonical process the attorney will ate decision or for transmission to the assist the plaintiff in preparing his bill of Roman Congregations. In some cases this complaint of nullity. He also assists his same priest who gave the initial canonical client in finding witnesses who have helpful advice prepares the bill of complaint of nul- information about which they can testify. lity and follows the case, acting as attorney The attorney offers to the court the points in the judicial process. This is an ideal situa- about which the witnesses are to be inter- tion but it requires a greater number of rogated. priests in the diocesan chancery than The attorney's brief on behalf of his client bishops generally are able to assign to this will take most of his attention. It is not un- work. common experience that a priest-attorney, Before proceeding further in this discus- even though he is actively engaged in paro- sion as to whether lay attorneys should be chial work, consumes more time in writing encouraged to interest themselves in canon- his brief than would normally be expected. ical matrimonial processes, certain points A brief speedily prepared could leave much must be clarified. The first distinction that to be desired. A lay attorney would also must be made is between administrative wish to give proper consideration to his cases and judicial cases. Judicial cases are study of the case and to the preparation of those which are reserved to the diocesan his brief. Priest-attorneys in general take no court or tribunal. In matrimonial matters more time to prepare their cases in the in- these are cases where it is contended that terest of nullity than do the priest-defenders the matrimonial bond is invalid, null and of the bond whose duty it is to argue for the void. In the ordinary judicial process the validity of the bond. decision must be given by a court of three In addition to the attorneys who take part judges, and a finding for nullity is not effec- in canonical judicial procedures, most dio- tive unless it is confirmed by a court of ceses make available trained canonists who second instance to which there is a necessary can be consulted, free of charge, on canon- appeal by the defender of the marriage 6 Can. 1618. bond. LAY ATTORNEYS

From the ordinary judicial processes are Church has taught that a valid marriage, exempt certain specific cases mentioned in even between two baptized persons, can be Canon 1990, where the nullity is evident dissolved, provided it has not been physi- and it can be proved by documents. Canon cally consummated. This power is reserved 1990 provides for a summary judicial proc- to the Apostolic See. In practice, the Church ess. Its use is restricted to cases of nullity of does dissolve such a marriage if there is suf- marriage where the grounds are consan- ficient proof of non-consummation and if guinity, a previous marriage, affinity, spiri- the circumstances warrant such a dissolu- tual relationship, disparity of worship, tion. sacred order, or a solemn vow of chastity. In the Pauline-privilege case, the principal This summary judicial process bears a proof required is that both parties were un- similarity to Section 3212 of the New York baptized at the time of their marriage. When Civil Practice Law and Rules. In the canon- this has been verified, and when it is certain ical summary process one judge, the bishop by means of interpellations that the unbap- of the diocese, gives the decision. The de- tized party intends neither to accept baptism cision is immediately effective unless the nor to continue to live peacefully with the defender of the marriage in his discretion converted spouse, the local bishop may per- appeals to the court of second instance. mit the convert to contract a new marriage. To the ordinary judicial process are re- Regarding the "favor of the faith" case, served all marriage trials in which the al- there must be proof that one party had leged grounds of nullity are other than those never been baptized before the marriage. If listed for the summary process of Canon the one who had remained unbaptized be- 1990, e.g., lack of proper contract, force fore the marriage subsequently has been and fear, etc. Also, those cases which ordi- baptized and he is seeking the favor of the narily permit this summary process must be dissolution in the interest of his new faith, remanded to the ordinary process if the there must likewise be proof that the mar- nullity is not evident. riage had not been physically consummated Judicial matrimonial cases are distin- after the baptism of the convert. The under- guished from administrative cases. For the lying principle is that the valid marriage most part, administrative cases are con- between two baptized persons, consum- cerned with the dissolution of marriage. mated after the baptism of both parties, can Here, presumably, the marriage is valid, or be dissolved by no human power, including at least its validity is not brought into ques- that of the Supreme Pontiff. As long as one tion. A dissolution of the existing bond is party to a marriage remains unbaptized, or requested either on the grounds that the if the marriage has not been physically con- marriage has never been physically con- summated after both parties have received summated or in the interest of a convert to Christian baptism, the marriage can be dis- the faith or in the interest of one who is solved when the best interests of the Chris- already a member of the Church. The latter tian faith recommend it. This power to categories include the use of the Pauline dissolve is exclusively in the hands of the privilege and the use of the so-called Petrine Roman Pontiff. In this matter His Holiness privilege, as in the "favor of the faith" case. acts through the Supreme Sacred Congrega- Beginning in the fifteenth century, the tion of the Holy Office. 10 CATHOLIC LAWYER, SUMMER 1964

Likewise processed in an administrative though baptized in the Catholic faith, were manner are cases of presumed death and raised without any Catholic training. If the cases of nullity where the grounds are lack obligation to observe the canonical form of of canonical form. The bishop of the dio- marriage remained doubtful, it was under- cese is empowered to decree when in the stood that the doubt had to be resolved by 7 absence of a certificate of death there is suf- the ordinary judicial process. ficient evidence from which it can safely be However, diocesan officials, faced with inferred that a marriage bond had ceased questions which arose about the obligation by the death of one of the parties. Also, by to observe the canonical form of marriage, a simple decree the bishop of the diocese and especially trying to interpret the phrase can declare that a marriage, which was at- "without any Catholic education," soon tempted by a Catholic without the can- found it more advantageous and expeditious onical formalities of marriage, is null and to refer such doubtful cases in administra- void because of the lack of such canonical tive recourse directly to the Sacred Congre- formalities. gation of the Holy Office, rather than to their Why are these cases of lack of canonical own diocesan tribunals. This was very rea- form and of presumed death treated admin- sonable because such doubts concerned istratively rather than judicially? In the case questions of law rather than of fact, and ul- of forming a presumption of death, there timately they would have to be resolved by is no question of the validity of the marriage the Apostolic See. bond. If the other party is deceased, there Considering this distinction between ju- could hardly be an adversary proceeding. dicial cases and administrative cases, it If the local bishop cannot arrive at moral would be inaccurate to say that all marriage certitude to draw an inference of the death cases pending in a diocesan curia are under of the missing spouse, the case is referred the consideration of the matrimonial court. to the Sacred Congregation of the Sacra- A considerable percentage of such cases, ments, if both parties to the marriage were perhaps even more than half of them, are Catholic, or to the Sacred Congregation of handled administratively and, therefore, they the Holy Office, if at least one of the spouses do not come before the court. It is true that was not a Catholic. Administrative pro- in many dioceses the officialis or ordinary cedure was undoubtedly adopted for the diocesan judge also has delegated power to lack-of-form case because of its apparent review administrative cases, but this does simplicity. Generally, it is immediately not relate to his office as such. It is likewise evident whether one is obliged to the inaccurate to speak of a matrimonial court canonical form of marriage. Since January because the jurisdiction of the diocesan tri- 1, 1949, baptism conferred in the Catholic bunal is not limited to matrimony. Church is sufficient to bind to the canonical In administrative marriage cases there is solemnities. Conversion to the Catholic little part for an attorney to play. In cases faith also bears with it the obligation of ob- concerning the non-consummation of mar- serving the canonical form. Between May 19, 1918 and January 1, 1949, an exemption 7 S.C. de Sacramentis, Instructio servandaa Tribu- nalibus Diocesanis from the canonical form was given to per- in pertractandiscausis de nul- litate matrimoniorum, 15 august 1936, n.231, § 2- sons, born of non-Catholic parents, who, al- Acta Apostolicae Sedis, XXVIII (1936), 359. LAY ATTORNEYS

riage, the faculty issued by the Sacred Con- judicial procedure. The priest delegated to gregation of the Sacraments, which permits conduct the process must follow judicial the local bishop to institute and complete procedure in interrogating the parties and the process of the proof of non-consunma- witnesses. The defender of the bond must be tion, specifically mentions that the peti- cited for all sessions and he is obliged to tioner must be advised that in these cases write a brief. But in each instance the pro- there is no place for the work of attorneys. ceeding is essentially that of an investigating If the priest delegated to gather the proofs committee officially assigned to the task but is remiss in any way, experience shows that having no power of judgment. The acts are the Sacred Congregation is quick to order forwarded to the appropriate Congregation directives to supply the additional proof in Rome which in turn recommends to the either in the interests of the petitioner or for Holy Father that the favor be granted or the safeguarding of the bond of matrimony. denied. The detailed instructions which are in- The remaining administrative marriage tended to safeguard the delicate sense of cases, the Pauline privilege, the presumed Christian modesty of the spouses and at death, and the lack-of-form case, have no the same time to arrive at truth make no prescribed procedure. We might say the provisions for the intervention of an attor- same thing concerning the probative stage ney on behalf of the petitioner or respond- of the judicial summary process provided ent. The one delegated to hear the testimony for in Canon 1990. Documents are gath- of the spouses and of the witnesses and to ered; affidavits are prepared. It is sufficient collect necessary documents must be a that the operative facts are established be- priest.8 yond a reasonable doubt. Unquestionably, The norms issued by the Supreme Sacred a lay canonist could prepare the proofs for Congregation of the Holy Office for the such a case, but the question remains process of obtaining the "favor of the faith" whether it would be to the best interests of or the so-called Petrine privilege likewise the client that he do so. Generally this work make no mention 9 of attorneys. Again, the is carried out by priests assigned to the chan- delegated priest will interrogate the parties cery staff. Each chancery has its own printed and witnesses to bring out all of the truth, questionnaires to bring out the desired infor- both those facts which favor the petitioner mation from the witnesses. The chancery as well as those which would tend to show official is able to call on parish priests in all that the privilege of the dissolution could parts of the diocese to obtain these affi- not be granted in this instance. davits. It is the usual experience that these Both the process to prove non-consum- questionnaires are returned to the chancery, mation and the process to obtain the "favor properly executed within a reasonable of the faith" have some similarity to the period of time. If the case is urgent, prompt 8 S.C. de Sacramentis, Regulae servandae in pro- attention is requested and received. There cessibus super matrimonio rato et non-consum- are exceptions, but usually these are caused mato, 7 maii 1923-Acta Apostolicae Sedis, XV (1923), 389-436. by the reluctance of the witnesses to coop- 9 Suprema Saera Congregatio S. Officii, Normae erate. In this regard the lay canonist would pro conficiendo processu in casibus solutionis vin- be just as frustrated as the cleric. In our culi matrimonialisin favorem fidei per Supremam Summi Pontificis Auctoritatem, 1 maii 1934. country ecclesiastical courts are powerless 10 CATHOLIC LAWYER, SUMMER 1964 to compel witnesses to testify, except by can expect a commensurate return from his ecclesiastical censure which is seldom used. canonical practice to justify his years of Another advantage which the chancery studying. As has been stated above, there official has over the lay canonist in gathering can be little promise of such remuneration. proofs for administrative cases is the ease The policy of gratuitous legal assistance is with which he is able to avail himself of the of long standing. world-wide cooperation between episcopal Would a change of policy permitting curias. This is especially important today attorneys to receive reasonable fees in because of the migration of peoples. Canon canonical cases and encouraging laymen to 1570, Section 2 requires all ecclesiastical prepare themselves for this work eliminate courts to cooperate with each other in or help to eliminate delays in solving cases delivering citations, taking testimony, etc. which are presented to diocesan courts? It A similar provision exists in the official seems that the answer is in the negative norms for the "non-consummation" process. because the present delays which exist are Although nothing is mentioned in the law not caused by the attorneys. about cooperation between curias and chan- The formalities of the canonical process, ceries for administrative matters, such co- especially those of the ordinary judicial operation de facto exists. It is an everyday process, are responsible for much of the occurrence that a priest attached to the delay. All of the acts of each case must be chancery staff calls upon the vicar general either typed or printed. Handwritten copies or chancellor of another diocese in our would suffice but this method is of the past country or in another part of the world to and would only be more time-consuming. obtain documents and affidavits for the Because the attorneys for the parties are processing of administrative cases. Gener- not permitted to be present at the hearings, ally, such cooperation is given gratuitously they can only begin their study of the case unless there are exceptional expenses. A lay after the formal publication of the acts. The canonist could call upon confreres in distant attorneys for the parties, just as the defender parts for assistance, but it is very question- of the marriage bond, must present their able whether such assistance could be ob- summations of the case in writing in the tained as easily, as readily, and with such a form of a legal brief. minimum of cost. In accordance with Canons 1014 and It is in the ordinary judicial process that 1869, Section 1, the court must be morally a qualified lay canonist could have an effec- certain of the nullity of the marriage before tive role. Almost all attorneys approved by it can cause to issue an affirmative decision the Apostolic Signatura and by the Sacred of nullity. All prudent doubt must be an- Roman Rota and admitted to practice before swered in favor of the validity of the mar- these tribunals are laymen. Occasionally riage. A preponderance of evidence in favor attorneys approved at the Rota plead cases of nullity does not suffice. This causes the before local diocesan courts. A layman with court to conduct extensive investigations the usual obligations of life toward himself which might otherwise be considered un- and toward his family, before he prepares necessary. Letters rogatory are sent to other himself with the necessary scholastic quali- tribunals for the testimony of witnesses who fications, will have to consider whether he cannot appear at the trial court. If the trial LAY ATTORNEYS court finds that the nullity has been proved trative, could be removed by increasing the "beyond a reasonable doubt," it must state personnel of the chanceries and tribunals. its findings of fact as well as its conclusions This resolves itself into a question of the of law in its written decision. The decision availability of vocations. Souls are at stake must show that the findings of fact were in marriage cases, but they are also deeply arrived at in accordance with the established affected by the spiritual administrations of canonical principles of evidence. the parish priests. Ultimately, the bishop Possibly, an unwarranted amount of time must determine how many priests he is able is consumed by the court itself in the writing to assign to the various fields of priestly of its decisions and by the defender of the work in his diocese. If laymen see fit to train marriage bond in the brief on behalf of the themselves in canon law, undoubtedly they validity of the marriage. Great attention is could accomplish more by being employed given to form, to the citation of authorities, on a full-time basis in the chancery or in the to an analysis of the testimony of the parties tribunal than by opening an office for pri- and witnesses. Ecclesiastical judges do not vate practice. enjoy the luxury of legal secretaries with the With a few additional canonists, clerical result that the time occupied in legal writing or lay, along with the much needed secre- cannot be given to more fruitful work. The tarial assistance, there is no curia which ecclesiastical court is always mindful not could not bring its cases, judicial and ad- only that its decisions are open to judicial ministrative, up to date within a short appeal to a court of second instance, but also period of time. There is one thing that must that all its affirmative decisions are reviewed be remembered especially by those who each year in an administrative manner by speak of the thousands of young people the Sacred Congregation of the Sacraments. around the world who are suffering intermin- The same Congregation each year requires able delays awaiting decisions. Not always a copy of all the briefs of the defender of the does the red light turn to green. Decisions marriage bond for the cases in which the can be negative just as they can be affirma- court had found for the invalidity of the tive. Frequently, there is much disappoint- marriage. ment on the day of the publication of the Special attention must be given to the decision. writing of the decision in an ecclesiastical It has been suggested that law offices, court because on judicial appeal, not only staffed with lay and/or clerical experts in the law but also the facts are reviewable. It marriage law, be established to help to clear is not sufficient to find that the trial court up the backlog of marriage cases that is said could reasonably have found the facts as it to exist. If civil attorneys consider it against did, but the court of second instance itself their code of ethics to advertise, canon must be morally certain "beyond a reason- lawyers should do likewise. But would such able doubt" that the operative facts have law offices be able to effect the desired end? been established in accordance with the First of all, law offices already exist in laws of evidence. A reversal on the facts is many curias. At the present time they are more common than a reversal on the law. staffed by clergy. If lay canonical experts Unquestionably some delay in processing were available, and if there were sufficient marriage cases, both judicial and adminis- funds to pay an appropriate salary, there is 10 CATHOLIC LAWYER, SUMMER 1964 no reason why they could not be employed tervention of the Supreme Pontiff for the in the curia. They could not be given an dissolution of the marriage. assignment which requires the use of juris- One wonders whether a local Rota is as diction, but there is much canonical work advisable as it first appears. It would which they could perform. save the costs of translation, and possibly What about an office of canonical ex- also those of printing if it would be satisfied perts separate from the diocesan curia? It is with typewritten carbon copies as our courts suggested that such canon law experts could of second instance are at present. As long be a boon to chanceries of small dioceses. as canonical procedure provides for a It is difficult to imagine how there would be judicial review of the facts by a court of sufficient canonical work for such an office second instance and substitutes the discre- of canonical experts if there is not sufficient tion of one bench of three judges for the canonical work for a canonist of the chan- discretion of another bench of three judges, cery of a small diocese to keep up in his probably a local court of third instance field. No matter how small a diocese is, would be better able to understand the con- there will always be the necessity of at least duct of our people and more easily be able one priest trained in canon law. to draw inferences therefrom. On the other In the Church only a cleric can possess or hand, might such a court not tend to be more participate in, by delegation, the power of provincial? Is it not possible that the uni- jurisdiction. The decisions in marriage cases versal "meeting of minds," as is had at the which can be brought to conclusion on a Sacred Roman Rota, is able to build up a local level require jurisdiction, either ordi- more valuable jurisprudence, taking advan- nary or delegated. One would not expect the tage of the greater number of cases which bishop, even of a small diocese, or his vicar come before that court and the variations general, chancellor, officialis or delegate to of origins of those cases? rubber stamp the decisions of marriage One must bear in mind that if there is cases which have been prepared by a group established a local Rota, judicial appeal of canonists not connected with his curia. from its findings and conclusions would not Even though no decision can be given lo- always be possible. According to Canon cally, the investigation of "non-consumma- 1903, if two courts agree that the nullity tion" cases and of "favor of the faith" cases had not been proved, there is no appeal must be performed by a priest delegated by unless there is new and weighty evidence. the bishop. This law at the present time frequently In recent years there has been voiced the prompts a plaintiff who has been unsuccess- desire that there be permanently established ful in the first instance to appeal directly to in this country a tribunal of third instance the Roman Rota for the second instance. or a local Rota, similar to the Spanish Rota. If it is found that the Sacred Roman Rota Obviously, this is a judicial body, and it cannot adjudicate the cases before it in a would have nothing to do with such admin- reasonable length of time, might it not be istrative cases as non-consummation or the preferrable to increase its number of judges, favor of the faith. These so-called "Roman rather than to constitute a new tribunal in cases" would continue to be referred to the the United States? The Roman Rota has Roman Curia because they require the in- always been able to take care of the cases LAY ATTORNEYS of those who were unable to pay translating without foundation, if there is any basis in and printing fees. Joining these new judges law, proper directives are sent to the local to the Roman court, rather than having ecclesiastical authority. them form a separate local tribunal, would The layman trained in canon law prob- permit them to participate in the more ma- ably would find little recompense in private ture, the more secure, the more universal practice for his years of preparation. The thinking of the Eternal City. It is not always policy of gratuitous legal assistance is well true to say that it is better to be first in a grounded in the tradition of the Church in the little town than to be second in Rome! United States. Perhaps, in certain sections In connection with marriage cases, re- those granting this assistance are few, but cently there was heard the suggestion that in these sections, especially in smaller di- there should be created in the Church some oceses, it would be even more difficult for kind of a public defender to protect the the lay canonist to find a return from his rights of individuals against the abuses of investment. In an exceptional case a person authority. Do we not already have such a considering himself aggrieved might not public defender? Canon 1569 provides that, wish to avail himself of canonical legal ad- because of the supreme episcopal jurisdic- vice at the very office where he thinks he tion of the Roman Pontiff, any member of has been deprived of his right. For such a the Church can have recourse to the Holy case there are many canonists in other di- See at any time and at any stage of litiga- tion. Anyone with experience in canonical oceses or in religious communities who practice knows that this offer of assistance would consider it an obligation in con- on the part of His Holiness is not an empty science to give competent canonical counsel. gesture. Requests are frequently sent to the And then there is always the universal pub- Holy See and, while many of these are lic defender.

BOTTLENECK legal tangles people get themselves involved (Continued) in, marriage cases are one of the most com- cialize in canon law, as some laymen already mon. As mentioned before, in many of these do. cases the eternal salvation of souls is at There is plenty of business. Of all the stake and they need all the help they can get.