Rules of Organization of the Court of Appeal - Principles

1. The Court of Appeals is independent in its jurisprudence and is only bound by the law.

2. Within the framework of statutory provisions and subject to the responsibilities and powers of the Judicial Council, it governs itself. In doing so, its management bodies shall observe the principles of budget management in accordance with § 3 in conjunction with § 2 of the Law on the Cantonal Financial Budget (Financial Budget Law) of March 14, 2012.

3. The Court of Appeals commits itself internally and externally to the principle of transparency and the right to information, while respecting official secrecy and data protection.

1. Governing Bodies of the Appellate Court

a) the Full Court;

b) the Presidium Conference;

c) the President;

d) the Personnel Committee;

e) the Division Conferences;

f) the Division Presidiums;

g) the First Court Clerk;

gbis) * the Chief Court Clerk;

h) the Chief Administrator.

1. Each member of the court has one vote in all bodies of the appellate court in which they hold voting rights; the presiding member of the body, or their deputy in the event of their absence, also votes and has the casting vote in the event of a tie.

1. The entire court is composed of all the presidents and judges of the Court of Appeals. The first court clerk and the chief administrator are members of the entire court with an advisory vote.

2. The entire court makes its decisions either in plenary sessions or via circulation, as directed by the presiding president.

3. The presiding president must give written notice for plenary sessions at least 10 days in advance.

4. Upon the request of at least five court members, the presiding president must convene a plenary session. Any ongoing circulation procedure must be revoked upon appropriate request.

5. The entire court is quorate with the presence of at least 14 members.

6. The entire court may include additional persons in its meetings.

1. The full court issues the regulations whose issuance falls within the competence of the Court of Appeal.

2. It approves and adopts the annual reports and annual financial statements of the Court of Appeal.

3. It elects

a) the presiding president and their deputy in terms of both the leadership of the Court of Appeal and the participation in the Judicial Council for the duration of one term;

b) the judges responsible for coercive measures in immigration law for the duration of one term (§ 2 para. 2 of the Act on the Enforcement of Coercive Measures in Immigration Law of March 17, 2010);

c) the members and substitute members of the supervisory authority over lawyers to be elected by the Court of Appeal for a term of six years (§ 18 para. 3 of the Advocates Act of May 15, 2002);

d) the members of the Bar Examination Authority to be elected by the Court of Appeal for a term of six years (§ 9 of the Advocates Act);

e) the members of the Bostadel Appeals Commission to be appointed by the Canton of Basel-Stadt for a term of six years (Art. 17 of the Agreement between the Cantons of Basel-Stadt and Zug on the Establishment and Operation of a Joint Correctional Facility in Bostadel [Canton of Zug] of February 27, 1973);

f) the visitors of the Civil Court, the Criminal Court, and the Juvenile Court for a duration of two years.

4. It decides on the approval of the legally stipulated regulations of the Civil Court, the Criminal Court, and the Juvenile Court.

5. It exercises supervision over the Civil Court, the Criminal Court, and the Juvenile Court. It decides on the approval of the annual supervision reports of the visitors. The full court may decide on a shorter reporting interval in individual cases if this appears necessary for the supervision of a lower court. It exercises its supervision through resolutions and instructions to the lower courts and reports to the Grand Council or its supervisory bodies if necessary.

1. The Conference of Presidents comprises all the Presidents of the Court of Appeals.

2. The first court clerk or lead court clerk and the chief administrative officer are members of the Conference of Presidents in an advisory capacity. By resolution of the Conference of Presidents, additional staff members of the Court of Appeals may be included in the conference in an advisory capacity.

3. The Conference of Presidents makes its decisions either in a meeting or via circulation route as arranged by the chairing president.

4. Upon the request of at least two voting members, the chairing president must convene a meeting of the Conference of Presidents. Any circulation procedure already initiated should be annulled upon the appropriate request.

5. The Conference of Presidents is quorate with the presence of at least six voting members.

6. By resolution of the chairing president, additional persons may be involved in the Conferences of Presidents.

1. The Presidium Conference decides

a) on the allocation of individual presidents to the divisions of the Court of Appeal (§ 89 para. 3 GOG) and on presidents assisting in other divisions;

b) on the exchange of responsibilities among the members of the presidium (§ 38 para. 1 GOG);

c) on the assignment of the role of a president for individual cases to a judge (§ 39 GOG);

d) * ...

e) on immediately necessary measures within the framework of impeachment proceedings concerning the Court of Appeal, the civil, criminal, or juvenile court, as well as the president of the court for protective custody (§ 65 para. 3 GOG);

f) on the existence of an obligation to disclose a conflict of interest if contested by a member of the presidium or a judge (§ 60 para. 5 GOG).

2. It elects

a) the chairpersons of the public law, criminal law, and civil law divisions of the Court of Appeal and their deputies (§ 89 para. 2 GOG);

b) the members of the personnel committee;

c) the First Court Clerk and the Lead Court Clerk as their respective deputies;

d) the three divisional court clerks.

3. It is responsible for establishing and terminating the employment relationships of court clerks and the administrative chief and issues personnel measures in these employment relationships (§ 62 para. 2 GOG).

4. It informs the Grand Council if a decision on impeachment according to § 65 GOG must be made as a result of supervising the lower courts.

5. It promotes the uniformity of jurisprudence regarding legal questions and other matters requiring coordination beyond the divisions (§ 35 para. 1 sentence 2 GOG).

6. Furthermore, the Presidium Conference decides on all matters that have not been delegated to another court body by regulation or decision (§ 35 para. 1 GOG).

1. The Presiding President represents the Court of Appeals internally and externally (§ 36 para. 2 GOG).

2. He or she chairs the meetings of the full court and the presidency conference.

3. He or she oversees the personnel, subject to the competencies of the presidency conference and the personnel committee. He or she is responsible for the establishment and termination of employment relationships with provisional personnel and trainees. These tasks may be delegated to court staff.

4. He or she ensures compliance with the obligation to disclose conflicts of interest and, subject to the decision-making competence of the presidency conference, if necessary, requires persons obliged to disclose to do so. He or she compiles the register of conflicts of interest of the members of the Court of Appeals for the attention of the court council (§ 60 para. 4 and 5 GOG).

5. He or she administers the oath of office to the presidents of the Court of Appeals upon assuming office.

6. He or she informs the courts about the audit program brought to the attention of the Court of Appeals by the financial control (§ 2 para. 4 of the Financial and Administrative Control Act [FVKG] of 17 September 2003).

7. He or she decides on access to information by means of an order in accordance with § 33 para. 4 IDG, subject to § 29 of these regulations.

1. The chairwoman or chairman is relieved of judicial duties to the extent of their administrative functions.

1. The Personnel Committee comprises the presiding President and two additional members of the Presidium of the Court of Appeals elected by the Presidium Conference.

2. Subject to the authority of the Presidium Conference and the presiding President, it is responsible for the establishment and termination of employment relationships with employees of the Court of Appeals and issues personnel-related measures within this scope.

1. The divisional conferences of the public law, criminal law, and civil law sections shall include the presidents assigned to the respective sections, as well as the respective section court clerks with an advisory vote.

2. The chairperson of the section or the section itself may decide to involve additional court clerks, who are active in the respective area of expertise, in the meetings of the divisional conference.

3. The divisional conferences promote the uniformity of jurisprudence regarding legal questions and other matters that do not require coordination beyond the respective section.

4. They decide on the principles of case allocation within the section as well as the composition of the section's panels of judges.

1. The chairpersons of the divisions are responsible for the allocation of individual matters within their division in accordance with the provisions of these regulations.

2. They oversee the timely completion of individual proceedings within their division and, in consultation with the divisional conference, take necessary measures to ensure this, if required.

1. The Chief Court Clerk is responsible for all tasks assigned to them by law, the Presidium Conference, or the President, specifically including the management of the Secretariat of the Presidium Conference and the Supervisory Commission over Lawyers, as well as the direction of the court clerk service, ensuring internal and external communication, and guiding office staff in legal matters. Within the scope of these duties, they are also responsible for representation both internally and externally.

2. The Presidium Conference may delegate certain tasks to the Leading Court Clerk or to other staff members.

1. The head of administration oversees the office as well as the centralized areas of accounting and information technology for all courts.

2. He or she is responsible for financial and investment planning as well as the IT strategy. He or she ensures the provision of necessary IT services. He or she prepares the budget and financial statements along with the accompanying reports and informs the presidium conference about them. Additionally, he or she is responsible for security, the procurement of archival spaces, furniture, and the management of real estate, insofar as these are not managed by other cantonal offices.

3. In the context of these duties, he or she represents both internally and externally.

4. Certain tasks may be delegated to other staff members by the presidium conference.

1. The court clerks fulfill the tasks assigned to them by law in the administration of justice. They are specifically responsible for participating in the decision-making process with an advisory vote (including the right to propose motions) and drafting written reasons for judgments as well as any responses to appeals submitted to the Swiss Federal Supreme Court. They also participate in the training of legal interns and may be involved in instructing court proceedings.

2. The presidents and the chief court clerk may assign them additional tasks.

1. The employees of the Court of Appeal's registry are responsible for all administrative tasks that arise in the course of judicial proceedings, particularly for the preparation of case files, the allocation of submissions, the technical processing, and the dispatch of orders and decisions, the organization and conduct of court hearings, and the circulation of files. The head of the registry is responsible for the orderly management and storage of documents.

2. The registry ensures the counter and usher services. Furthermore, it is responsible for procuring office supplies and all other administrative matters that are essential for the functioning of the court operations.

3. The presidents, the head of administration, and the chief court clerk may assign them additional tasks.

1. Accounting is responsible for the bookkeeping and controlling of all court operations including the associated offices, as well as the financial handling of court proceedings, particularly debt collection operations, insofar as individual tasks have not been assigned to another office by resolution of the Court Council or the Presidium Conference of the Appellate Court. Furthermore, additional tasks in the financial sector may be assigned to it.

2. Additionally, accounting manages the counter service and cash desk.

1. The Information Technology Department is responsible for all IT services necessary for the fulfillment of the courts' duties, particularly the provision of the necessary hardware and software. It participates in the development and implementation of the IT strategy of the Court of Appeal and the Judicial Council and ensures compliance with financial guidelines and recognized security standards. Furthermore, it guarantees technical coordination with the IT departments of the canton. Additional tasks in the field of information technology may be assigned to it.

1. The chairpersons of the divisions assign the individual cases incoming to the court to the individual presidents belonging to the division, based on the resolutions of the division conferences.

2. If needed, the presidents are obliged, by resolution of the conference of presidents, to assist in other divisions.

3. In the event of the incapacity of a chairperson, the assignment of cases falls to the deputy, and if they are also incapacitated, it proceeds according to the seniority of the members of the presidency who belong to the division. In individual cases, the chairperson is authorized to designate an alternative representative (particularly for vacation cover).

4. The assignment of cases to the court clerks is carried out in accordance with a resolution of the division conference by the chairperson of the division, the first court clerk, or the division court clerk.

1. The investigating judge shall ensure representation in ongoing proceedings in the event of his or her absence. If no representation is appointed, the principles for case allocation according to § 19 of these regulations shall apply analogously.

1. The composition of the panels in the individual proceedings is the responsibility of the chairpersons of the departments, in accordance with resolutions adopted by the department conferences, and, in the event they are prevented from fulfilling this duty, their respective deputies.

1. In the allocation of cases and formation of judicial panels, the division chairpersons shall notably consider the following criteria and circumstances

a) an equitable consideration of the presidents in accordance with their workload in the respective divisions, their burden and availability (especially absences due to vacation, illness, etc.);

b) an equitable consideration of the judges in accordance with their availability (especially absences due to vacation, illness, etc.);

c) the specific expertise of the judges as well as the presidents in the respective subject area;

d) the participation of members of both genders in cases where the nature of the dispute makes it appear appropriate;

e) participation in previous decisions in the same subject area or in related proceedings.

**1. If a member of the court voluntarily recuses themselves, they must declare their self-recusal to the chairman of the panel or the chairman of the department.**

2. The procedure for disputed recusals is conducted by the instructing judge of the respective procedure.

3. If the instructing judge is personally affected by the recusal, the assignment of the request is made according to the rules of case allocation. If all presidents are themselves affected by the request and the request is admissible, the procedural management is assigned to a judge analogous to § 21.

4. If all presidents as well as all judges are affected by the recusal and the request is admissible, the assignment of the request is conducted according to the procedure pursuant to § 56 para. 6 of the Court Organization Act (GOG) by drawing lots.

1. Decisions are to be drawn up and signed in accordance with the applicable procedural rules.

2. Unless otherwise prescribed by the applicable procedural rules, decisions framed in the form of judgments are to be signed by the court clerk. Their signature is considered the signature of the court in the sense of Article 238 of the Swiss Civil Procedure Code (Civil Procedure Code, CPC) of December 19, 2008.

3. Independently appealable orders and rulings are to be signed by the procedural management. This task can be delegated to court office employees.

4. Simple procedural orders and rulings do not need to be signed.

1. The organs of the Court of Appeal decide on the publication of their decisions.

2. Regulations are published in the official compendium of laws of the canton.

3. Guidelines and decisions are published on the website of the Court of Appeal if they at least indirectly affect the legal status of private individuals.

4. Requests for access to unpublished decisions are reviewed by the presiding President or the presiding President in accordance with the IDG.

1. Media Officer of the Court of Appeals is the First Court Clerk. The Presidium Conference may assign the task to another employee of the court.

1. The Court of Appeals informs the public about the dates of public hearings on its website.

2. The panels generally hold hearings in the courtroom of the Court of Appeals. The procedural leadership may decide on exceptions in individual cases, for example, to accommodate special public interest.

3. If the interest of the public exceeds the available spatial resources, the procedural leadership may limit the number of admitted spectators according to the available seats. In such cases, accredited members of the media have priority.

1. Should recordings be made in the courthouse of the Court of Appeal, this must be discussed with the proceedings management in connection with specific proceedings, and otherwise with the presiding President or the Chairperson.

1. The Court of Appeals publishes its decisions issued in judgment form in its decision database on the Internet. The Presidency Conference regulates exceptions through directives. In individual cases, the instructing judge decides on exceptions based on these directives.

2. The divisions promote the publication of their decisions with significant precedent-setting importance for practice or on contentious issues for which few published decisions are accessible, in professional journals or legal databases.

1. Requests for access to closed proceedings are governed by the IDG. The judge responsible for instruction in the original proceedings is in charge of assessing these requests. In the event of their incapacity or if they have since left office, responsibility is determined by analogous application of § 19.