Subject Matter

1. This Rules of Procedure specifies the organization and judicial administration of the Regional Court of Landquart.

1. The Regional Court of Landquart consists of a civil law chamber and a criminal law chamber.

2. Each chamber is composed of at least one chairperson, one deputy, and three additional judges.

1. The panel of a chamber generally consists of the respective chairperson or a deputy, as well as two additional judges.

2. The chairperson acts as a single judge where the jurisdiction of a single judge exists. For a specific area of law or type of procedure, the full court may designate another member of the chamber as a single judge.

3. In cases where there are multiple chairpersons, allocation is conducted according to a specific scale predetermined by the full court, which depends on the order of business entries, legal areas, or other substantive criteria.

4. If the composition of the panel is not already determined by paragraphs 1 and 3, the following criteria should be particularly considered in appointing the additional members of the panel

a) Expertise in a specific area;

b) Balanced workload of judges;

c) Participation of members of both genders, depending on the nature of the matter;

d) Involvement in previous decisions in the same legal area;

e) Connectivity of the cases;

f) Absences, especially due to illness or vacation.

5. The chairperson is responsible for the composition of the panel as per paragraph 4.

1. If a consultation takes place, the members of the panel either participate in this consultation or review the files in advance.

2. If the decision is made during the consultation, all members of the panel sign the decision's dispositive. If the decision is communicated with justification, this justified decision is circulated among the other members of the panel for approval before being communicated.

1. As far as the operative provisions and the reasoning are approved, changes to the not yet delivered decision can only be made with the consent of all the judges involved; editorial changes are excluded.

1. If the decision is to be made by circular resolution, the draft decision (with or without reasons) is circulated among the other members of the decision-making body. The chairperson organizes access to the files.

2. If the other members of the decision-making body agree with the ruling and - in the case of reasoned circular decisions - with the reasoning, the draft is elevated to a judgment.

3. A deliberation takes place if a member requests it or submits an amendment proposal and the chairperson insists on the draft. Otherwise, a new draft decision may be circulated.

1. In justified cases and with the consent of all members of the panel, individual or all members of the panel may participate in the deliberation via audio and video transmission (videoconference).

2. The following conditions must be met during the implementation

a) the transmission of audio and video between all persons participating in the deliberation must occur simultaneously;

b) the chairperson identifies all participants at the beginning based on the audio and video transmission and confirms their presence;

c) a functioning transmission of audio and video must be ensured during the virtual deliberation. In the event of significant technical disruptions, the deliberation must be interrupted. If these disruptions can be rectified, the deliberation is to be continued; otherwise, it must be discontinued;

d) no recording is to be made. The minutes are to be recorded in accordance with the provisions for physical deliberations;

e) data protection and data security must be ensured.

3. With the consent of all members of the panel, video transmission may be dispensed with.

4. If the decision is made during the deliberation, the members of the panel who participated virtually confirm the decision electronically.

5. In all other respects, the technical requirements and the requirements for data protection and data security are governed by Article 141b of the Code of Civil Procedure and the federal ordinance on the use of electronic means for audio and video transmission in civil proceedings.

1. The full court is composed of all full-time and part-time judges, excluding the extraordinary judges.

1. The full court is presided over by the President. It exercises all powers assigned to it by the Court Organization Act.

1. The full court convenes at the beginning of the term, after supplementary elections, upon the appointment of extraordinary judges, and whenever business requires it.

2. An extraordinary session can be convened by the President or if at least three judges request that a matter be placed on the agenda.

3. The resolutions of the full court are valid if at least two-thirds of the members of the full court participate in the meeting or in the circular procedure.

4. Each member of the full court has one vote and, except in elections, is obliged to vote.

5. The resolutions for which the full court is responsible are adopted by an absolute majority of the votes of the judges present at the meeting or participating in the circular procedure. In the event of a tie, the President decides.

6. In elections, the absolute majority decides in the first round. This is the next whole number that results from dividing the total number of all valid votes for candidates by twice the number of vacant seats. Abstentions as well as blank and invalid votes are not counted. If more persons have reached the absolute majority than there are seats to fill, those with the highest number of votes are considered elected. If no one reaches the absolute majority or fewer persons are elected than there are seats to fill, a second round of voting takes place, in which the persons with the highest number of votes are elected (relative majority). Otherwise, the law on political rights in the Canton of Graubünden applies accordingly.

7. The minutes of the meetings of the full court can be drafted by a clerk. They are submitted to the full court for approval.

1. The Administrative Commission exercises those powers that are assigned to it by law or this regulation.

2. It is responsible, among other things, for

a) Decisions concerning the election of substitute part-time judges of the Regional Court;

b) Applications for the election of extraordinary judges for the Regional Court;

c) Applications to the Higher Court for the initiation of impeachment proceedings against a member of the Regional Court;

d) Employment and determination of the initial salary of the permanent employees of the Regional Court.

1. The Administrative Commission meets as needed. Each member of the Administrative Commission can request the convening of a meeting or the inclusion of an item on the agenda.

2. The convocation and the agenda, along with the corresponding documents, shall be sent to the members of the Administrative Commission.

3. Each member has one vote and is obliged to vote, except in elections.

4. Resolutions are passed by an absolute majority of the votes of the judges present at the meeting or participating in the circular procedure. In the event of a tie, the President has the casting vote. In elections, Article 10 paragraph 6 applies.

5. Resolutions of the Administrative Commission are valid if at least two members participate in the meeting or in the circular procedure.

1. The President shall lead the Regional Court and oversee its operations. He or she shall perform all duties of judicial administration not assigned to another body.

2. His or her responsibilities, in addition to the tasks described in Article 74, paragraph 2 of the Court Organization Act, particularly include

a) Ensuring credit control and being responsible for economical and efficient use of credit as well as for an appropriate control system;

b) Submitting any opinions to the Regional Court Conference;

c) Supervising and approving the ancillary activities of court clerks;

d) Supervising the staff of the court office;

e) Filling internship positions and the temporary employment of staff;

f) Annually determining the salaries and performance and spontaneous bonuses of employees;

g) Supervising the mediation office and conciliation authority for tenancy matters, as well as their members.

3. The Vice-President shall assist the President in fulfilling his or her duties.

4. If the President is unable to perform his or her duties, the Vice-President shall represent him or her. He or she shall hold the presidential authority.

5. The President shall be relieved of adjudicative duties to the extent of his or her presidential activities.

6. The President is authorized to involve the other judges for special activities falling within his or her area of competence.