Chapter II: Of Gratuitous Patronage, or Diminution of Judicial Expenses

The poor, if they are wholly unequal to sustaining judicial expenses, have the right to gratuitous patronage; if only in part, to diminution of expenses.

§ 1. One who wishes to obtain exemption from expenses or diminution of them must petition it from the judge, a supplicatory libellus having been given and documents having been brought by which what the condition of the petitioner is and what abundance of his family property is may be shown; moreover he must prove that he is not conducting a futile or rash cause.

§ 2. The judge is neither to admit nor reject the petition unless, if there is need, information, even secret information, has been required by which he can have the state of the family property of the petitioner himself ascertained, and the promoter of justice has been heard; indeed he can also revoke what has been granted if in the course of the process he has found that the asserted poverty is not present.

§ 1. For the gratuitous patronage of the poor, the judge in individual causes is to choose someone from the advocates approved in his forum, who cannot withdraw himself from fulfilling this office unless for a cause approved by the judge; otherwise he can be punished by the judge with a suitable penalty, even suspension from office.

§ 2. If advocates are lacking, the judge is to ask the local Ordinary to designate another suitable person, if there is need, to undertake the patronage of the poor person.