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Ajuicio de residencia (literally,judgment of residence) was a judicial procedure ofCastilian law and theLaws of the Indies. 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, although it could provide evidence of corruption.[1]
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 thejuez de residencia (residence judge), was that individual already named to succeed to the position. The penalties for conviction varied, but generally consisted of fines.
Thejuicio 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 theviceroys and the presidents of theReal Audiencia to thealcaldes and thealguaciles (judicial officials, sometimes translated assheriffs). With the entrance into force of theSpanish Constitution of 1812, the procedure no longer applied.
Originally, every viceroy had to pass hisjuicio de residencia before his successor could take office. But in the eighteenth century viceregaljuicios 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 theAudiencia, was thevisitador who collectedvisitas. Thevisitador was an inspector named at the pleasure of the king to investigate a particular administration. Like thejuicio, this institution had the aim of discovering abuses committed by the authorities, and proposing necessary reforms.
