A ''juicio de residencia'' (literally, ''judgment of residence'') was a judicial procedure of
Castilian law and the
Laws of the Indies
The Laws of the Indies ( es, Leyes de las Indias) are the entire body of laws issued by the Spanish Crown for the American and the Asian possessions of its empire. They regulated social, political, religious, and economic life in these areas. T ...
. It consisted of this: at the termination of a public functionary's term, his performance in office was subject to review, and those with grievances against him were entitled to a hearing. This was largely an automatic procedure, and did not imply prior suspicion of misconduct.
The official was not allowed to leave the place where he exercised his authority, nor to assume another office, until the conclusion of this judicial inquiry. Generally, the person charged with directing the inquiry, called the ''juez de residencia'' (residence judge), was that individual already named to succeed to the position. The penalties for conviction varied, but generally consisted of fines.
The ''juicio de residencia'' took on great importance in the administration of the Indies, perhaps because of the great distances involved and the difficulty of direct supervision by the Crown. It extended from the
viceroy
A viceroy () is an official who reigns over a polity in the name of and as the representative of the monarch of the territory. The term derives from the Latin prefix ''vice-'', meaning "in the place of" and the French word ''roy'', meaning " ...
s and the presidents of the ''
Audiencia'' to the
alcaldes and the ''alguaciles'' (judicial officials, sometimes translated as ''sheriffs''). With the entrance into force of the
Spanish Constitution of 1812
The Political Constitution of the Spanish Monarchy ( es, link=no, Constitución Política de la Monarquía Española), also known as the Constitution of Cádiz ( es, link=no, Constitución de Cádiz) and as ''La Pepa'', was the first Constitut ...
, the procedure no longer applied.
Originally, every viceroy had to pass his ''juicio de residencia'' before his successor could take office. But in the eighteenth century viceregal ''juicios'' were conducted after the outgoing viceroy had returned to Spain. During the lengthy process (up to six months), the degree of the viceroy's compliance with his instructions was analyzed, his job performance was reviewed, and many testimonies were collected from different parties.
Another formula the Crown used to control its officials, including the viceroy in his capacity as president of the ''Audiencia'', was the ''visitador'' who collected ''visitas''. The ''visitador'' was an inspector named at the pleasure of the king to investigate a particular administration. Like the ''juicio'', this institution had the aim of discovering abuses committed by the authorities, and proposing necessary reforms.
External links
* Jaivo, Belén Marina (2006).
El Régimen Disciplinario de los Funcionarios Públicos'. Valladolid, Spain: Lex Nova (3rd. edition), pp. 31-32.
{{DEFAULTSORT:
Legal history of Spain
Spanish colonization of the Americas