Regulation of the Cantonal Court Specifying its Organisation and Operation (RTC) - Subject Matter and Scope (RKG)

1. This regulation specifies the internal organization, the manner of decision-making, and the administration of the Cantonal Court.

2. The legislation regarding state personnel remains reserved.

1. For reasons of readability, the following terms are used in some provisions

a) "Presidency": either the acting President or the person who is actually performing this function at the relevant moment;

b) "Vice Presidency": the Vice President;

c) "General Secretariat": the Secretary General.

1. The full court is composed of all regular judges.

1. The Plenary Court exercises all powers conferred upon it by law.

2. Its jurisdiction particularly encompasses

a) the adoption of regulations concerning the organization and administration of the Cantonal Court;

b) the composition of the court divisions and the allocation of personnel to these divisions;

c) the determination of the relief granted to judges fulfilling administrative duties;

d) the proposal to the Grand Council for the election of the President of the Cantonal Court;

e) the election of the Vice-President of the Cantonal Court as well as the third member of the Administrative Commission and their deputy;

f) the appointment of the Secretary General and all court clerks, upon the proposal of the Administrative Commission and, if necessary, in agreement with the affected court division(s) or judge;

g) the drafting of an opinion on the allocation of independent judges according to Article 10a, paragraph 2 JG;

h) the issuance of recommendations and the establishment of binding guidelines in accordance with Article 35, paragraph 2 JG;

i) the designation of the competent court division in cases according to Article 35a, paragraph 1 JG.

1. The full court generally convenes once a month.

2. The presidium may schedule extraordinary sessions if necessary. It must do so if at least five judges request it.

3. Any member of the full court, as well as the secretariat, can request that an item be placed on the agenda with a justified proposal.

4. The full court can only validly deliberate or decide by circulation if two-thirds of the judges participate.

5. The decisions for which the full court is responsible are made by an absolute majority of the votes of the judges present. In the event of a tie, the presidium decides.

6. The notice of convocation and the agenda, including the documents for the individual proposals, are delivered to the judges by the secretariat in agreement with the presidium three days before the session.

7. The sessions and deliberations of the full court are held excluding the public. The discussions and deliberations must be kept confidential.

8. The minutes of the sessions of the full court are drafted and maintained by the secretariat; they are submitted to each member for approval before the next session and, if necessary, after correction.

1. Except for the president of the Judicial Council, every judge with an employment percentage of at least 70% is obligated to accept the nomination for the election as president of the Cantonal Court.

2. The presidency is responsible for the general management of the Cantonal Court. It represents the Cantonal Court and acts, signs, and speaks on its behalf.

3. It convenes the sessions of the full court and the administrative committee, chairs them, and prepares the matters submitted to them.

4. It provides information or gives interviews or press conferences on issues concerning the Cantonal Court or the judiciary in the name of the Cantonal Court; the delegation of this task to the presidency of a court, to a delegated judge, or to the general secretariat remains reserved.

5. The vice-presidency supports the presidency and represents it in case of absence.

1. The Administrative Commission is composed of the presidency and vice-presidency of the Cantonal Court, along with a third judge who is elected for a term of one year.

2. If a member of the Administrative Commission is unable to attend, they shall be replaced by their deputy, or if this person is unavailable, by another judge in the order of their election.

1. The Administrative Commission is responsible for the administration of the Cantonal Court and handles matters for which no other body is responsible.

2. Its responsibilities include, in particular

a) the drafting of the master plan, objectives, and key figures, as well as measures for the control of efficiency and quality, to be submitted to the full court;

b) the adoption of the internal financial plan and the preparation of the budget in connection with the master plan;

c) measures to manage the workload upon the proposal of the General Secretariat;

d) the hiring of administrative staff at the request of the General Secretariat;

e) the preparation of job descriptions.

1. The Administrative Commission generally meets twice a month.

2. Each member of the Administrative Commission can request the convening of a meeting or the inclusion of an item on the agenda.

3. Internal and external individuals may be invited to the meetings of the Administrative Commission if necessary. The Commission decides whether they shall have an advisory vote.

4. The Administrative Commission makes its decisions in the meeting or by way of circulation, generally based on a proposal from the Presidium or the General Secretariat.

5. Resolutions are adopted with the majority of the votes of the three members present.

6. The notice of meeting and the agenda, including the documents related to individual proposals, are delivered to the members by the General Secretariat in agreement with the Presidium two days before the meeting.

7. Article 5 paragraphs 7 and 8 apply mutatis mutandis. The meeting minutes approved by the members of the Administrative Commission are distributed to all members of the full court.

1. The central services consist of all staff assigned to non-judicial tasks, as well as at least one bailiff.

2. The central services also have access to court clerks who can be freely allocated.

1. The General Secretariat is responsible for the central services and the execution of all non-judicial tasks.

2. It is particularly responsible for

a) personnel management;

b) dossier administration and quality assurance;

c) financial management;

d) the library, documentation, archiving, publication, and development;

e) security, logistics, and information technology.

3. It reports to the Full Court and the Administrative Commission at least once a year regarding its duties and the management plan.

4. It prepares internal and external communications in collaboration with the Court Presidency and the presidency of the affected court.

5. It participates with an advisory vote in the meetings of the Full Court and the Administrative Commission.

6. It serves as the contact point for the Cantonal Court for the cantonal service departments and coordinates the requirements with them.

7. It proposes to the Full Court, in collaboration with the Administrative Commission, the assignment of the freely assignable court clerks.

8. It has a deputy. This deputy is appointed by the Administrative Commission.

1. Each of the civil, criminal, and administrative courts shall designate one judge per subject matter as a point of contact.

2. In collaboration with the presiding court clerk, he or she serves as the point of contact for questions regarding the general administration of the courts.

3. On behalf of the entire court, he or she drafts the opinions concerning the assignment of independent judges pursuant to Article 10a paragraph 2 JG.

1. The Cantonal Court comprises in particular the following Divisions

a) two Civil Appellate Divisions;

b) the Debt Enforcement and Bankruptcy Chamber;

c) the Child and Adult Protection Division;

d) the Criminal Chamber;

e) the Criminal Appellate Division;

f) three Administrative Divisions;

g) the Tax Division;

h) two Social Insurance Divisions, whose main competences according to Articles 27 and 28 may be altered by the plenary court upon request of the presidency in order to achieve a balance in their workload and/or ensure regular operation.

2. Each Division consists of three to five judges. The members of the Division represent its presidency.

1. The Presidency of the Court

a) ensures the general administration of the court and the consistency of its jurisprudence;

b) makes decisions for which it is legally competent;

c) generally prepares the court's meetings and presides over them, subject to delegation to a member of the court;

d) ensures that the court's business is conducted within a reasonable time frame.

1. The First Civil Appellate Court decides on complaints or appeals in civil matters that are not assigned by law or these regulations to the jurisdiction of another appellate authority.

**1. The Second Civil Court of Appeals**

1. The Second Civil Court of Appeals decides on complaints or appeals in civil matters concerning the following areas of law

a) Tenancy and lease law;

b) Employment law;

c) Debt enforcement and bankruptcy law;

d) Right of reply.

2. The Second Civil Court of Appeals also decides on civil matters that the law assigns to the jurisdiction of a single cantonal instance, with the exception of those in the area of supplementary insurance to social health insurance (Art. 28 lit. e hereinafter).

3. In matters of arbitration, the Second Civil Court of Appeals is the competent judicial authority for handling complaints and revision requests, receiving the arbitral award for deposit, and certifying enforceability according to Article 356 para. 1 of the Code of Civil Procedure dated 19 December 2008.

4. The Second Civil Court of Appeals is responsible for examining and forwarding incoming international legal assistance requests in accordance with the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters.

1. The Debt Enforcement and Bankruptcy Chamber exercises supervision over the debt enforcement offices and the bankruptcy office. It specifically decides on appeals against enforcement measures ordered by these offices (Articles 13 and 17 of the Federal Law of April 11, 1889, on Debt Enforcement and Bankruptcy).

1. The Child and Adult Protection Court decides on all appeals against decisions made by the Child and Adult Protection Authority or its President (Article 8 of the Act of June 15, 2012, on Child and Adult Protection).

1. Each civil court also decides within its jurisdiction on complaints concerning the remuneration of lawyers and court costs.

2. In the case of a non-contentious, first-instance recusal ex officio according to Article 18 para. 1bis JG, each civil court appoints one or more deputies within its jurisdiction to replace the recused single judge or panel court.

1. The Criminal Chamber is the appellate instance within the meaning of Article 20 of the Swiss Code of Criminal Procedure of October 5, 2007 (StPO) and Article 7 paragraph 1 letter c of the Swiss Juvenile Criminal Procedure Code of March 20, 2009 (JStPO).

1. The Criminal Appeals Court is the court of appeal in the sense of Article 21 of the Criminal Procedure Code (StPO) and Article 7 paragraph 1 letter d of the Juvenile Criminal Procedure Code (JStPO).

1. The First Administrative Court decides on disputes concerning

a) citizenship, residency, and stay;

b) political rights;

c) personnel of the communities;

d) municipal organization;

e) school and education;

f) liability of the communities and their officials;

g) cultural matters (excluding the protection of immovable cultural property);

h) the profession of attorney or notary;

i) the acquisition of real estate by persons abroad;

j) military affairs;

k) claims for debts;

l) execution of criminal penalties and measures;

m) appeals against decisions of the Compulsory Measures Court in the area of foreigner law.

2. The First Administrative Court also decides on appeals in administrative matters that the law or the present regulation does not assign to the jurisdiction of another authority.

1. The Second Administrative Court is responsible for adjudicating disputes concerning

a) spatial planning and construction (including the protection of immovable cultural assets);

b) nature and heritage conservation;

c) environmental protection;

d) public works;

e) energy;

f) public property;

g) expropriation;

h) forestry;

i) civil protection;

j) public procurement;

k) protection against fire and natural hazards.

1. The Third Administrative Court decides on disputes concerning

a) road traffic and transportation;

b) healthcare and victim assistance;

c) labor and housing conditions;

d) the economy;

e) agriculture (including agricultural land law);

f) animal protection;

g) hunting and fishing;

h) trade and hospitality industry;

i) the commercial register.

1. The Tax Court fundamentally decides on disputes concerning public levies.

1. The First Social Insurance Court primarily decides on disputes concerning

a) Disability Insurance;

b) Accident Insurance;

c) Unemployment Insurance;

d) Family Allowances;

e) Social Assistance and Emergency Assistance;

f) Military Insurance.

1. The Second Social Insurance Court primarily decides on disputes regarding

a) disability insurance;

b) old-age and survivors' insurance;

c) income replacement compensation (including for maternity);

d) health insurance;

e) supplementary insurance to social health insurance;

f) occupational pension plans;

g) supplementary benefits.

1. The courts sit with three judges.

2. Article 44 paragraph 2 of the Judiciary Act remains reserved.

1. The report is circulated electronically among the judges participating in the decision and the court clerk. The circulation generally concludes with the presidency of the court. The judgment bears the date of the approval by the presidency of the court or the judge who is the last to comment. The physical file is made available.

2. Each judge completes the electronic circulation sheet and dates it or sends an email to the judges and the court clerk to approve the report, make any comments, submit a counter-motion, or request a judgment deliberation.

3. Furthermore, reference is made to the electronic circulation processes established for the civil and criminal courts on one hand and the administrative courts on the other.

1. The courts make their decisions by means of circulation.

2. Deliberations shall take place in the following cases

a) upon the order of the Presidium;

b) upon the application of a judge;

c) when unanimity is not achieved during circulation.

1. If all members of the court unanimously approve the report's motions without reservation, the date of the decision is that on which the presiding body signs the circulation sheet of the files.

1. The President grants the floor first to the person who prepared the report, then to the person who submitted a possible counter-motion, and subsequently to the other judges in the order of their appointment. The President speaks last.

1. In the event of a divergent judicial decision, the question shall be submitted to the full court for an exchange of opinions and, if necessary, for a fundamental decision.

2. The same applies if a court of law is in doubt as to whether it or another court has jurisdiction.

3. If only civil, criminal, and administrative courts are involved, the exchange of opinions and the fundamental decision shall be the responsibility of these courts.

1. Each judge is obligated to take on the cases assigned to him or her by random selection; any necessary change ordered by the court's presidency remains reserved.

2. In principle, the judge handles the cases assigned to him or her until their completion.

3. Each judge may be required to replace a colleague.

4. Each judge is provided with at least one court clerk.

1. The Court Clerkship comprises individuals fulfilling the following responsibilities

a) the court clerk, who works under the supervision of a judge;

b) the reporting court clerk, who independently instructs cases and, based on this, drafts judgments for the adjudicating authority, as well as takes on responsibilities in the training of court clerks;

c) the presidential court clerk, who collaborates in the management of court chambers and performs judicial activities in these areas; he or she serves as the contact person between the court chambers and the general secretariat; presidential court clerks jointly select the court clerkship interns.

2. Additionally, the general secretariat is affiliated with the court clerks who can be freely assigned; these clerks are allocated to the departments according to their workload and the needs of the cantonal court.

1. An experienced court clerk may generally become a court clerk-rapporteur.

2. A court clerk-rapporteur may become a presiding court clerk.

3. The cantonal court defines the career requirements in an internal guideline.

1. Judges, court clerks, representatives of the public prosecutor's office, attorneys, as well as trainee lawyers, shall wear robes at public hearings of the courts. Each court may provide for exceptions.

1. This Regulation shall enter into force on 1 January 2013.