173.000
GOGLOG
CH-GR
CH-GR
Art. 44 Judicial Organisation Act (GOG) - Existence
Judicial Authorities - Higher Court - Judges
Art. 44 GOG - Existence · Existence
1. The High Court consists of a President, a Vice President, and other full-time members necessary for high-quality and swift handling of business. The total number of positions amounts to at least eleven full-time equivalents.
2. The Grand Council determines the total number of positions before each renewal election. It is not bound to the minimum employment level of 50% of positions.
3. If the High Court cannot handle the regular workload with the total number of positions determined at the renewal elections, the Grand Council will increase the allocation as required.
4. If a High Court judge resigns or does not stand for re-election, the Grand Council will assess whether a complete or partial waiver of refilling the position is possible.
Court Decisions Applying This Provision (7)
JAK 2009 41 · gr (Art. 44 Abs. 1 GOG)
Supervisory Authority v. Magistrate Regarding Refusal of Justice in Estate Administration
Cited in the reasoning regarding the deadline for filing an objection to bias (Ausstandsbegehren).
SK1 2009 14 · gr (Art. 44 Abs. 1 GOG)
State v. Appellant (Mismanagement and Child Sexual Abuse)
Cited regarding the procedure for asserting grounds for recusal.
SK1 2009 14 · gr (Art. 44 Abs. 2 GOG)
State v. Appellant (Mismanagement and Child Sexual Abuse)
Cited regarding the procedure for asserting grounds for recusal discovered after judgment.
PVG 2008 32 · gr (Art. 44 cpv. 1 LOG)
Appeal of Expropriation Commission Disqualification Ruling within Ten Days
The objection of recusal was deemed inadmissible because it was not filed within the 10-day deadline from the knowledge of the grounds.
AB 2008 34 · gr (Art. 44 Abs. 2 GOG)
Appeal Against Recusal Refusal Deemed Moot Following Substantive Judgment
Cited in the reasoning to support the procedural argument that grounds for recusation arising later must be raised via ordinary appeal.
R 2008 19 · gr (art. 44 cpv. 1 LOG)
Petitioners' Late Recusal Motion Against Expropriation Commission President Rejected Due to Untimely Filing and Lack of Current Conflict
Cited to confirm that the application for refusal was rejected because it was filed outside the peremptory 10-day deadline.
PKG 2009 1 · gr (Art. 44 Abs. 2 GOG)
Appeal of Recusal Denial Through Ordinary Merits Appeal
This provision mandates that if a ground for recusal becomes known at the time of judgment or later, it must be raised through the ordinary appeal procedure.