FREE PATRONAGE. – It is the exemption from court costs in favor of the poor, who are unable to bear the expenses of a trial. The text of can. 1914 of the CIC establishes the right of the poor to free patronage: “The poor, if they are completely unable to bear the expenses of a trial, have the right to free patronage; if they are only partially unable, they have the right to a reduction of the expenses.”
The court expenses are those incurred during the course of the trial and pertain to the remuneration owed to the advocates by the parties; those established for the translation, typing or printing of the acts, for the authentication of documents, for the issuance of certificates, etc.; and finally, those concerning the fees owed to experts and, if applicable, upon the judge’s assessment, the indemnity to be given to witnesses (can. 1909 §§ 1-2).
Court expenses do not include the remuneration established for the judges, who, both in ancient and modern law, have always performed their office without demanding any compensation from the parties. This strict rule, though it has admitted exceptions in the past—more frequent and broader in the civil forum, only for the delegated judge and in specific circumstances in the ecclesiastical forum—now admits no derogation whatsoever, as is fully established in can. 1624.
Within the scope of court expenses are also included the so-called fees, which are normally paid to the court clerk’s office at the time of the trial. The difference between the two consists in this: court expenses are actually incurred during the trial; fees, on the other hand, are destined for the treasury of the Curia or the court clerk’s office to help defray, in some way, the general expenses of the administration of justice. In the canons, however, the terms “fees” and “court expenses” are used interchangeably.
The CIC treats of free patronage and the reduction of court expenses in Book IV, Title XVI, Chapter II, cann. 1914-16. Anyone wishing to avail themselves of this right and who meets the required conditions, after presenting the introductory libellus of the cause, shall submit a petition to this effect to the judge, proving both their alleged poverty with those documents which the practice of each tribunal deems necessary and the merits of the legal action they have initiated. The judge cannot admit the petition until they have ascertained, even through secret inquiries, the actual economic circumstances of the petitioner’s household and consulted the Promoter of Justice. Once free patronage or a partial reduction of expenses has been granted, however, this concession may be revoked during the course of the trial if either the alleged poverty is found not to be genuine or the initial progress of the trial demonstrates that the action brought lacks foundation.
When free patronage is granted, the judge assigns one of the advocates admitted to practice in that tribunal to the party; the advocate designated may not decline the assignment except for a just cause approved by the judge, and if they arbitrarily or unjustifiably refuse the mandate, they may be punished with fitting penalties, including suspension from office.
When, instead, a partial reduction of expenses is granted, the party admitted to this benefit, commonly called the benefit of living expenses, retains the right to choose their own advocate of trust. A similar right, however, cannot be recognized for those who have obtained free patronage so as to avoid possible fraud, since the party, in one way or another, would compensate the advocate while withholding the necessary court expenses from the tribunal.
If advocates are lacking, the judge shall request the Ordinary to designate another suitable person to assume the defence of the poor in court. The canon also contemplates the case in which a person may personally, if capable, attend to their own interests in court. In certain specific causes, however, such as matrimonial cases, the assistance of an advocate is prescribed.