Judicial Vicar

The Archdiocese of Chicago, the third largest in the United States, serves more than 2.2 million Catholics in 216 parishes in Cook County and Lake County, a geographic area of 1,411 square miles. The Archdiocese, pastored by Cardinal Blase J. Cupich, has more than 13,000 employees in its systems and ministries, including Catholic Chari􀆟es, the region's largest nonprofit social
service agency. The Archdiocese also has one of the country's largest seminaries. The Archdiocese's 150+ elementary and secondary schools comprise one of the largest U.S. private school systems. Its schools have received 96 U.S. Department of Education Blue Ribbon Awards.

POSITION SUMMARY

This role covers two distinct ecclesiastical offices held concurrently by one person. As Judicial Vicar, he fulfills the judicial tasks entrusted to that office by the Code of Canon Law, by the Code of Canons of the Eastern Churches where applicable, by the universal norms governing marriage and penal procedure, and by the particular law and legitimate custom of the Archdiocese of Chicago. As Vicar for Canonical Services, he exercises executive authority in canonical matters as that office is constituted and as authority is delegated to him by the Archbishop.

Taken together, the two offices make one person the principal collaborator of the Archbishop in the administration of justice and in the canonical administration of the local Church. Beyond the adjudication of cases, the position carries responsibility for the canonical competence of the Archdiocese generally: the formation of future canonists, the canonical literacy of diocesan personnel, and the standing of the Archdiocese before the Roman tribunals and dicasteries.

STRUCTURE OF THE TWO OFFICES

The Archdiocese has determined that one person shall hold both offices. Because the two exercise different areas of authority under different canonical offices, this section states the distinction plainly. Candidates should read it as the governing framework for the judicial authority and executive authority sections below.

Two distinct species of authority

• As Judicial Vicar, the officeholder exercises ordinary judicial authority. He constitutes one tribunal with the Archbishop but cannot judge cases the Archbishop reserves to himself (c. 1420 §§1–2). This authority belongs to the office and is exercised in the Archbishop's name.
• As Episcopal Vicar for Canonical Services, the officeholder exercises executive authority in canonical matters. Each stated function rests either on the constitutive decree of that office or on a specific act of delegation, and none of it derives from the judicial office.
• Neither office absorbs the other. Judicial authority may not be exercised to accomplish what belongs to the executive forum, and executive authority may not be exercised to affect a matter properly before the Tribunal.

Two distinct tenures

• The Judicial Vicar is appointed for a determinate term. He may not be removed from office except for a legitimate and grave cause (c. 1422).
• When the see is vacant, the Judicial Vicar does not cease from office and cannot be removed by the Diocesan Administrator; when a new Bishop takes possession of the see, he must be confirmed in office (c. 1420 §5).
• The office of Episcopal Vicar for Canonical Services is governed by its own constitutive decree. If that office carries ordinary executive authority in the manner of an episcopal vicar, its holder is removable at the discretion of the Archbishop (c. 481 §1), and his authority in that office ceases when the see becomes vacant unless he possesses episcopal dignity (c. 481 §2).

Abstention where the two forums meet

• Where a matter comes before the Tribunal that arises from, or turns upon the validity of, an executive act taken by the officeholder as Episcopal Vicar for Canonical Services, he shall abstain from the case, and it shall be assigned to the Adjutant Judicial Vicar or to another judge (cf. c. 1448).y
• Any party may seek his abstention on this ground, and the question is decided as the law provides for the abstention and recusal of judges.
• Where the Tribunal's competence and the executive forum's competence in a matter are unclear, the question is referred to the Archbishop.

OFFICE OF THE JUDICIAL VICAR

Judicial function

• Presides over the Metropolitan Tribunal and serves as presiding judge on collegial tribunals.
• Constitutes collegiate tribunals and single-judge assignments; proposes to the Archbishop the appointment of diocesan judges, the promoter of justice, defenders of the bond, auditors, assessors, and notaries (cc. 1420 §4, 1421, 1428, 1430, 1432, 1435, 1437), and supervises their work.
• Administers the marriage nullity process in both the ordinary process and the briefer process before the Archbishop, in accordance with Mitis Iudex Dominus Iesus, Mitis Et Misericors lesus and Dignitas Connubii, including the identification of cases suitable for the briefer process and the appointment of the instructor and assessor.
• Manages the work of the Delegate or Delegates of the Archbishop who ordinarily judge documentary and presumed death cases.
• Conducts or oversees the judicial penal process (cc. 1721–1728), in coordination with the promoter of justice and in accordance with the universal norms governing reserved delicts.
• Exercises the Tribunal's second-instance competence, with the Adjunct Judicial Vicar for the Court of Second Instance, for appeals from the tribunals of the suffragan dioceses of the Province of Chicago (c. 1438 §1).
• Keeps well informed of all procedural questions and developments in the Code of Canon Law, the Code of Canons of the Eastern Churches, and any subsequent legislation, instruction, or rescript, and informs the Tribunal staff of the same.

Relations with the Holy See and other sees

• *Responds to inquiries from the Roman dicasteries, the Roman tribunals, other offices of the Roman Curia, and other diocesan sees.
• *Prepares the annual report to the Supreme Tribunal of the Apostolic Signatura, and reports to the Secretariat of State, the USCCB, and the Canon Law Society of America when requested. The annual report should record the continuing education and in-service formation undertaken by Tribunal personnel during the year.
• *Prepares cases for the Tribunal of the Roman Rota, keeps current with Rotal jurisprudence, and informs the staff of the same.
• *Maintains the standing of the Archdiocese before the Apostolic Signatura, the Roman Rota, the Apostolic Penitentiary, and the dicasteries with which the Tribunal has recurring business.

OFFICE OF THE VICAR FOR CANONICAL SERVICES

The functions in this section are executive, not judicial. Each rests on the constitutive decree of the office or on a specific act of delegation, and each is exercisable only to the extent and for the duration that the governing instrument provides.

Matrimonial matters in the executive forum

• *Instructs, or oversees the instruction of, cases for the dissolution of marriage: the Pauline Privilege (cc. 1143–1147), cases of non-consummation, and cases for the dissolution of marriage in favor of the faith. In the latter two categories the competent Roman dicastery requires evidence that the Archbishop has delegated a named person to instruct the case.
• *Removes prohibitions attached to future marriages. This is executive authority and must be expressly delegated.
• *Issues, or prepares for the Archbishop's signature, dispensations, permissions, and sanctions in matrimonial matters within the scope of the delegation held

Penal matters in the executive forum

• *Conducts or oversees the preliminary investigation (c. 1717) and, where the Archbishop so determines, the extrajudicial penal process (c. 1720), in coordination with the promoter of justice.
• *Serves as, or coordinates with, the Delegate of the Archbishop to the Independent Review Board, without prejudice to the distinct role of the Office for Child Abuse Investigations and Review under Book Two, Title I, §§602–603.

Canonical support to archdiocesan governance

• *Advises the Archbishop, the Vicar General, and archdiocesan offices on canonical questions arising in the executive forum.
• *Maintains a standing working relationship with the Office of Legal Services on the creation, modification, and suppression of ecclesiastical structures and juridic persons, and with Financial Services on the acquisition and alienation of property, contracts, and related matters governed by Book Five.
• *Serves as a member of, or standing participant in, the archdiocesan bodies where canonical judgment is required in the ordinary course of governance.
• *Meets regularly with the Archbishop, at his pleasure, to discuss canonical issues, and with the designated archdiocesan officials as needed on personnel, financial, and related matters

Canonical formation of diocesan personnel

• *Provides or arranges instruction in canonical matters for diocesan personnel, including permanent deacons and deacon candidates, pastoral associates and parish coordinators, seminarians, the newly ordained, and parish and agency staff whose work requires canonical competence.
• *Serves as a canonical resource to pastors and parish leadership on questions arising in the ordinary course of pastoral administration.

LEADERSHIP AND STAFF MANAGEMENT

• *Oversees the Director of the Tribunal, who manages day-to-day operations.
• *Consults with staff members on a regular basis and chairs the executive staff meetings.
• *Evaluates the executive staff in accordance with the policies of the Office of Human Resources and assures that members of the administrative staff are evaluated in the same manner by their respective supervisors.
• *Participates in the annual convention of the Canon Law Society of America and in regional canon law conventions and encourages and enables the participation of Tribunal staff in national and regional canon law conferences.
• *Organizes educational and in-service opportunities for the Tribunal staff, and promotes in-house planning for the educational requirements and enrichment of both executive and administrative staff.
• *Identifies, recruits, and oversees the formation of future canonists for the Archdiocese, recognizing that the formation of a canonist requires approximately six years between internship and graduate study, and accordingly maintains a forward-looking succession plan for canonical personnel.
• *Takes the initiative in fostering morale in the Tribunal through collegiality in principle and in practice.
• *Facilitates conflict resolution in work situations, engaging Human Resources as necessary and appropriate.
• *Informs Tribunal personnel of communications from the Ordinary and from archdiocesan agencies which affect policy.
• *Acts as spokesperson for the Tribunal, and communicates its work to the local Church, inviting communication from parishes and other pastoral ministries.
• *Integrates the work of the Tribunal into the overall ministry of marriage within the Archdiocese.

ADMINISTRATION AND STEWARDSHIP

• *Collaborates with Finance and with the Office of the Vicar General to establish and manage the department's budget, ensuring good stewardship of the resources provided.
• *Maintains the Tribunal's case management and records systems, ensuring that CaseMaster and TRIM records are complete and current, and cooperates with the Office of Archives and Records in the retention, transfer, and security of records, including the requirements governing the diocesan archives and the confidentiality obligations of tribunal personnel. The Tribunal, the Court of Second Instance, and the Office of Canonical Affairs use CaseMaster, but different modules.
• *Maintains files in an organized and timely fashion, keeping the records of the two offices distinct where the law requires separate custody.
• *Works with the Director of the Tribunal to ensure that the office answers telephone calls and correspondence promptly and courteously, receives visitors, and determines case access for specific individuals appropriately.
• *Ensures that special mailings are prepared and completed as appropriate.

*Denotes essential functions of the position for purposes of compliance with the Americans with Disabilities Act.

QUALIFICATIONS

• A priest of unimpaired reputation, not less than thirty years of age (c. 1420 §4). The office is reserved to a priest; a deacon is not eligible.
• Licentiate in canon law (JCL) required; doctorate in canon law (JCD) preferred (c. 1420 §4).
• Completion of the theological formation required for priestly ordination.
• Not less than ten years of pastoral and canonical experience following ordination.
• Prior service in a diocesan tribunal in a judicial or officer capacity is required.
• Working knowledge of Latin sufficient for the Code, Rotal jurisprudence, and correspondence with the Roman tribunals. Required.
• Working knowledge of Italian sufficient for correspondence with the Roman Curia. Required.
• Facility in Spanish is strongly preferred; facility in Polish is preferred.
• Proficiency in Microsoft Word, Microsoft Teams, and CaseMaster.
• Demonstrated administrative, organizational, and conflict management skills, and effective written and oral communication.

GENERAL PROVISIONS

• The officeholder is evaluated annually by the Vicar General in accordance with the procedure established by the Office of Human Resources. The evaluation addresses the administration of the two offices and does not extend to the substance of judicial decisions, and it is not a mechanism of removal from the office of Judicial Vicar; removal from that office is governed by c. 1422.
• Performs such other administrative duties as may be assigned by the Archbishop, and by the Vicar General within the scope of the Vicar General's administrative competence. No duty assigned under this provision reaches the judicial authority described above.

The Archdiocese of Chicago offers a comprehensive total rewards package to include competitive compensation and benefit programs. Informa􀆟on about our benefit programs is available here.

This position has a salary range of $97,137-$123,849. An employee’s pay within the salary range will be based on many factors including but not limited to: relevant education, qualifications, experience, skills, geographic location, and organizational needs.