Ordinance on the Act on the Organisation of Courts and Authorities in Civil, Criminal and Administrative Proceedings (Justice Ordinance, JusV) (Justizverordnung, JusV) - Groups (CPC)

1. The following groups exist

a. Group of Courts of First Instance,

b. Group of Conciliation Authorities,

c. Group of Land Registry,

d. Group of Bankruptcy Offices.

1. The Group

a. coordinates the administration of its members,

b. ensures uniform application of business control,

c. drafts the annual performance mandate to be approved by the Cantonal Court,

d. determines the content of the performance sheets to be approved by the Cantonal Court,

e. manages the funds allocated in the global budget,

f. concludes contracts with other departments regarding internal billing,

g. regulates controlling within the group,

h. reports to the Cantonal Court through

1. interim reports and the annual report on business operations,

2. financial quarterly statements and the annual accounts,

i. establishes the principles of individual salary adjustments (ISA) in consultation with the Cantonal Court and provides its members with recommendations for implementation; the ISA for judges and department heads requires approval by the Cantonal Court,

j. submits sub-consultations to the Cantonal Court on behalf of the entire group; group members are generally to be involved in the development of consultations,

k. coordinates with the responsible departments the use of premises, construction measures, as well as the procurement and repair of materials,

l. may collaborate directly with the personnel department within its area of responsibility,

m. may reach agreements with other authorities regarding collaboration or procedural workflows,

n. informs the Cantonal Court about agreements with other authorities.

1. The group of first-instance courts includes

a. the district courts,

b. the labor court,

c. the criminal court,

d. the juvenile court,

e. the coercive measures court,

f. the labor conciliation authority,

g. * the conciliation authority for equality,

h. * the appraisal commission according to the Expropriation Act.

1. The organs of the group are

a. the President,

b. the Executive Board,

c. the Extended Executive Board,

d. * ...

1. The President leads the group subject to the competencies of the Executive Board and the Extended Executive Board.

2. He or she particularly fulfills the following tasks

a. Chairing the Executive Board and the Extended Executive Board,

b. Representing the group externally,

c. Making personnel decisions.

3. He or she can delegate specific tasks to the Vice President.

4. He or she is represented by the Vice President.

1. The Executive Board consists of the President and the Vice President.

1. The Management is responsible for

a. the hiring and dismissal of personnel within the central task force (pool),

b. the allocation of shares in the service mandate and the global budget,

c. the allocation of personnel resources from the central task force (pool) to the courts,

d. the deployment of judges and court clerks from the group who can be deployed flexibly,

e. the temporary reassignment of judges elected to a specific court to another court with the agreement of those affected,

f. the coordination of individual salary adjustments (ISA),

g. the concept of the internal control system (ICS) and the implementation provisions for PBC (performance-based courts).

1. The extended management board consists of the President and the Vice-President of the group, as well as the Presidents of the courts listed in § 13 paragraph 1 a-c.

1bis. The representatives of the courts listed in § 13 paragraph 1 a-c have voting rights. In the event of a tie vote, the President, or in his or her absence, the Vice-President of the group shall cast the deciding vote.

2. ...

1. The Expanded Executive Board is responsible for

a. the applications to the Cantonal Court for adjustments to the basic organization,

b. the determination of the indicators for the performance mandate,

c. the allocation of the group's continuing education budget,

d. the decisions according to § 7 subparagraphs b and c in contentious cases,

e. the determination of the number of intern positions and their allocation to the individual courts,

f. the resolutions requiring approval by the Cantonal Court,

g. the application of business control.

1. The Head of Administration or the Deputy assists and supports the executive management.

a. * ...

b. * ...

c. * ...

d. * ...

2. The Head of Administration or the Deputy has the right to submit proposals and an advisory capacity in the executive management and the extended executive management.

1. The group is led by the presiding judges who are part of the extended executive management. They represent their respective courts in relation to the group. They implement the group's decisions.

1. The Cantonal Court elects the President of the group.

2. The extended executive board elects the vice president and the head of administration, along with their respective deputies.

3. The term of office is four years. It is identical to the term of office of the first-instance courts.

1. The Organizational Units of the Group are

a. the District Courts,

b. the Labor Court,

c. the Criminal Court,

d. the Central Task Force (Pool).

2. The Central Task Force (Pool) forms an organizational unit directly affiliated with the Group Leadership.

1. The Central Task Force (Pool) is composed of

a. the judges available for deployment,

b. the court clerks of the group,

c. the administrative staff of the group.

2. It has, in particular, the following duties

a. Compensating for absences, especially in cases of recusal of judges, maternity, illness, accident, and vacation,

b. Strengthening the courts in instances of increased workload or backlog,

c. Supporting the processing of court cases with extraordinary processing efforts,

d. Balancing the output for the group or on behalf of the group.

1. The divisions are subunits of the courts.

2. They are independent in their judicial function.

1. The Juvenile Court is a part of the division of the District Court of Lucerne, to which the Juvenile Court President belongs. Its duties are performed in a dual function. The Juvenile Court is independent in its judicial function.

1. The Coercive Measures Court constitutes a division of the District Court of Kriens.

1. The management of the group shall appoint

a. * a Head of Accounting,

b. a Group Secretariat.

1. Head of Accounting for First Instance Courts

a. manages the group's account,

b. * is responsible for the administrative preparation of the financial plan and the global budget according to the directives of the Financial and Accounting Courts (FRG),

c. is responsible for the administrative management of the global budget,

d. is responsible for preparing the group's financial reports,

e. * implements the technical directives of the FRG,

f. * may issue technical directives for the accounting of first instance courts.

1. The group maintains separate accounting for

a. the central task force (pool),

b. the expenses of the group's bodies.

1. The group may, in consultation with the FRG and the affected courts, coordinate personnel for accounting and bookkeeping or allow the accounting manager to lead first-instance courts.

1. The group issues supplementary regulations for itself and its members in an internal resolution, which is to be approved by the Cantonal Court.

1. The group manages its further education credit.

2. It carries out central further education events.

3. The courts receive a share of the group's further education credit for free disposal. The accounting is handled centrally through the group's secretariat.

1. The group coordinates the internship system. It determines the number of internship positions and allocates them to the individual courts.

2. It operates a central information office regarding legal internships for all judicial authorities.

3. It coordinates professional training in the law offices.

1. The group coordinates the security matters for the court buildings and the court operations.

1. The group coordinates, in compliance with the technical guidelines of the "Organization and Informatics of the Judiciary (ORIG)", namely

a. the usage rights for the intranet,

b. the uniform development of templates and text modules,

c. the use of audio recording devices during court hearings.

2. It represents the interests of the courts concerning the software and its application.

3. It provides the necessary professional staff in projects.

1. The group must submit the necessary adjustments for a new term of office to the Cantonal Court at least six months prior to the election date.

1. The group may

a. advocate for the coordination of legal application among the courts,

b. maintain contact with the Lucerne Bar Association.

2. The Cantonal Court is to be informed of decisions and arrangements.

1. The Group of Conciliation Authorities includes

a. Justices of the peace,

b. The Rental and Lease Conciliation Authority.

1. The Bodies of the Group are

a. the President of the Mediation Authorities Group,

b. the Executive Management.

1. The President of the Conciliation Authorities Group leads the group, insofar as the management is not responsible.

2. He or she fulfills the following tasks in particular

a. Chairing the management,

b. Representing the group externally.

3. The Vice President represents the President.

1. The Management is composed of the President of the Rental and Lease Conciliation Authority and the Justices of the Peace.

1. The Management is responsible for

a. defining the indicators for the performance mandate,

b. allocating shares of the performance mandate and the global budget,

c. the concept of the internal control system (ICS) and the implementing provisions for performance-oriented courts (LOG),

d. the resolutions to be approved by the Cantonal Court.

1. The cantonal court elects the president.

2. The executive board elects the vice president.

3. The term of office is four years. The term corresponds to that of the courts of first instance.

1. The group may establish supplementary regulations for itself and its members in an internal resolution, which must be approved by the Cantonal Court.

1. The group coordinates, in compliance with the technical specifications of the "Organization and Information Technology in the Judiciary (ORIG)", specifically

a. the usage rights for the intranet,

b. the uniform development of templates and text modules.

2. It represents the interests of its members concerning the software and its application.

3. It provides the necessary technical personnel for projects.

1. The group can engage in the coordination of legal application among arbitration authorities.

2. The cantonal court must be informed of decisions and agreements.

1. The Land Register Group includes

a. the Land Register Group Management,

b. the Land Registry Office Lucerne East,

c. the Land Registry Office Lucerne West.

1. The bodies of the group are

a. the Head of Land Registry,

b. the Executive Management,

c. the Head of Central Services.

1. The Head of the Land Registry leads the group unless the executive management is responsible.

2. He or she fulfills the following tasks in particular

a. Chairing the executive management,

b. Election of the Head of Central Services,

c. Personnel management of the land registry administrators, the Deputy Head of the Land Registry, and the Head of Central Services,

d. Decision on resource allocation within the group,

e. Coordination of the classification of land registry office employees,

f. Coordination of the Individual Salary Adjustment (ISA),

g. Responsibility for controlling and quality management within the group,

h. Development of proposals for legislation and regulations for the cantonal court,

i. Coordination of project management,

j. Representation of the group externally.

3. The Head of the Land Registry may involve the Deputy Head of the Land Registry as well as an assistant to complete his or her tasks.

1. The management consists of the Head of the Land Registry, the Deputy Land Registrars, and the Head of Central Services.

2. It may include the Deputy Land Registrars with voting rights.

**1. The Management is responsible for**

a. the mission statement of the group,

b. the strategies for land register development,

c. the definition of indicators for the performance mandate,

d. the allocation of shares in the performance mandate and the overall budget,

e. the concept of the internal control system (ICS) and the implementing provisions for performance-oriented courts (LOG),

f. the resolutions requiring approval by the Cantonal Court,

g. the reports on business operations and finances,

h. ensuring the uniform application of expertise and overarching coordination,

i. determining the number of trainee positions and their distribution among the land registry offices,

j. the coordination of vocational training for trainees in the land registry offices,

k. the general handling of complex legal issues.

1. Central Services are, if possible, managed by the Head of Land Registry.

2. The Head of Central Services fulfills the following duties

a. Administrative preparation of the financial plan and the global budget,

b. Administrative management of the global budget,

c. Preparation of the group's financial reporting,

d. Coordination of accounting,

e. Implementation of the technical directives of the FRG,

f. Execution of the group's IT tasks,

g. Reporting for controlling and quality management,

h. Coordination of e-Government,

i. Document management and archiving,

j. Leading projects, participating in projects,

k. Personnel management of the staff of Central Services.

1. The group may establish supplementary regulations for itself and its members in an internal resolution, which must be approved by the Cantonal Court.

1. The group manages its further education loan.

1. The group determines the number of internship positions and allocates them to the individual land registry offices.

2. It coordinates vocational training in the land registry offices.

1. The group coordinates, in compliance with the technical guidelines of the "Organization and IT Judiciary (ORIG)," namely

a. the usage rights for the intranet,

b. the uniform development of templates.

2. It represents the concerns of the land registry offices regarding software and its application.

3. It provides the necessary specialist personnel for projects.

1. The group of Bankruptcy Offices includes

a. the Bankruptcy Office of Lucerne,

b. the Bankruptcy Office of Kriens,

c. the Bankruptcy Office of Hochdorf,

d. the Bankruptcy Office of Lucerne West.

1. The Organs of the Group are

a. the Head of the Group of Bankruptcy Offices,

b. the Management Board.

1. The Head of the Group of Bankruptcy Offices leads the group, provided that the executive management is not responsible.

2. He or she particularly fulfills the following tasks

a. Chairmanship in the executive management,

b. Representation of the group externally.

3. He or she can delegate specific tasks to the Deputy Head of the Group of Bankruptcy Offices.

4. He or she is represented by the Deputy Head of the Group of Bankruptcy Offices.

1. The Management Board consists of the Head of the Group of Bankruptcy Offices, the Deputy Head of the Group of Bankruptcy Offices, as well as the other Bankruptcy Officers.

1. The Management is responsible for

a. the election of the deputy head or deputy head of the Group of Bankruptcy Offices,

b. the determination of the indicators for the performance mandate,

c. the allocation of shares in the performance mandate and the global budget,

d. the coordination of individual salary adjustments (ISA),

e. the concept of the internal control system (ICS) and the implementing provisions relating to the Performance-Oriented Courts (POC),

f. the coordination of intern positions,

g. the resolutions to be approved by the Cantonal Court.

1. The group may establish supplementary regulations for itself and its members in an internal resolution, which must be approved by the Cantonal Court.

1. The group coordinates the deployment of legal interns and professional training within the law firms.

1. The group coordinates, in compliance with the technical guidelines of the "Organization and Information Technology in the Judiciary (ORIG)", namely

a. the usage rights for the intranet,

b. the uniform application of templates.

2. It represents the interests of the bankruptcy offices concerning the software and its application.

3. It provides the necessary specialized personnel for projects.

1. Departments are subdivisions of the courts. They are independent in their judicial function.

2. A department consists of a department president and at least two judges.

3. The department must be capable of

a. independently deciding cases that fall within the jurisdiction of a department,

b. handling court cases that fall within the jurisdiction of an individual judge and originate from one or more areas of law or procedures.

1. The court administration may appoint a chief court clerk and define his or her duties.

2. The group shall determine the prerequisites for classification.

1. For employment as a court clerk, a completed law degree (Master's or Licentiate) and, as a rule, a law license are required.

1. Court clerks are responsible for the following tasks in particular

a. Recording minutes at court hearings,

b. Providing legal information,

c. Documenting complaints (Article 244 paragraph 1 of the Swiss Civil Procedure Code of December 19, 2008; CPC) and petitions (Article 252 paragraph 1 CPC),

d. Participating in decision-making with an advisory vote,

e. Justifying decisions and orders,

f. Co-signing decisions,

g. Supervising legal trainees,

h. Certifications (according to § 10 subparagraph b of the Notarization Act of September 18, 1973).

2. The courts may also employ legal trainees for the tasks outlined in paragraphs 1a-c and e, and office staff for the tasks outlined in paragraphs 1a and c.

3. Judges independently perform the tasks according to paragraphs 1b, e, and g.

1. Part-time quotas for judges, as referred to in § 60 and § 81 paragraph 2, are considered to be quotas under 80 percent.

2. The number of judges with part-time quotas must not exceed half of the judges elected to a court (excluding the inclusion of division presidents).

3. Judges who serve at two courts or at one court and as a freely assignable judge are not subject to the part-time quota limitation.

4. At most, one judge at a time may be permanently assigned to more than one division of the court. In justified exceptional cases, the cantonal court may permit a different arrangement.

5. This regulation does not apply to the Labor Court, the Criminal Court, the Coercive Measures Court, and the Valuation Commission according to the Expropriation Act.

1. The sum of the percentage of positions includes only the positions of presidents and judges, not those of court clerks and secretarial staff.

2. The sum of the percentage of positions is the upper limit that must be observed for election to regular judicial functions.

3. The group of first instance courts can make adjustments of up to 200 percentage points between the individual courts or between the courts and the freely assignable judges' positions to optimize staffing. The total sum applicable to the group must not be exceeded.

1. At the district courts, a ratio of positions between judge positions and court clerk positions of 1:1 is aimed for.

2. ...

1. The group of first instance courts may apply to the Cantonal Court for the appointment of extraordinary judges if

a. Absences cannot be managed with the available judges,

b. Special circumstances are present.

1. Organs of the Courts of First Instance are

a. the Court President,

b. the Executive Board,

c. the Judiciary Panel,

d. the Division Presidents.

1. Presidents of the Courts are

a. at the District Court of Kriens, a divisional president or the president of the Coercive Measures Court,

b. at the other district courts and at the Criminal Court, a divisional president,

c. at the Labor Court, the divisional president.

2. The titles are District Court President, Criminal Court President, and Labor Court President.

1. The President of the Court shall lead the court, subject to the competencies of the executive board and the panel of judges.

2. He or she shall specifically fulfill the following duties

a. Chairing the executive board and the panel of judges,

b. External representation,

c. Decisions related to personnel matters.

1. The management is composed of all heads of departments.

2. In courts with only one department, the tasks of management are performed by the president of the court.

1. The Management Board is responsible for

a. the regulation of fundamental organizational matters of court operations,

b. the employment and dismissal of personnel,

c. the assignment of personnel to the departments,

d. changes in the duties of judges during their term,

e. temporary deviations in the assignment of judges to the departments,

f. temporary changes in the case assignment to the departments,

g. the coordination of employee evaluations,

h. individual salary adjustments,

i. the assignment of administrative special functions to judges and court clerks.

1. The department president is engaged with a workload of at least 80 percent.

2. The president of the Compulsory Measures Court and the president of the Juvenile Court hold the function of a department president.

2bis. The president of the Appraisal Commission according to the Expropriation Act functions as a department president within his or her area of jurisdiction. The tasks can be delegated to the vice president. The president and the vice president shall represent each other mutually.

3. The department president manages his or her department in an organizational capacity.

4. He or she also acts as a single judge.

5. The titles are as follows

a. Department President of the District Court,

b. Department President of the Criminal Court,

c. President of the Compulsory Measures Court,

d. President of the Juvenile Court.

1. The panel of judges consists of all elected division presidents, as well as judges of the court. Judges who are available for flexible deployment are members of the court where their primary assignment is located. The primary place of assignment is determined by the management of the courts of first instance.

2. It is responsible for

a. issuing the rules of procedure for approval by the Cantonal Court,

b. constitution,

c. the election of the court president.

3. Voting rights are determined by headcount.

1. The court presidents and division presidents sign individually within their area of responsibility; they may delegate the signing authority in individual cases or for specific transactions.

2. For the full court, the court president signs individually.

3. For the executive board, the court president signs individually.

4. Procedural orders are signed by the procedural director or, on their behalf, by a court clerk or an office staff member.

5. Division decisions are signed by the division president or presiding member and a court clerk.

6. The office signs correspondence within its competence related to collection.

7. Exceptions are made for differing provisions of the internal control system (ICS) concept.

1. The on-call duty schedule is composed of judges and court clerks who are exclusively assigned to the Compulsory Measures Court, as well as judges and court clerks appointed by the District Court of Kriens, who also serve in a dual capacity for the Compulsory Measures Court.

2. The on-call duty schedule is decided by the management of the District Court of Kriens upon the proposal of the president of the Compulsory Measures Court. He or she is responsible for informing the public prosecutor's office about the on-call duty service.

1. The District Court of Lucerne is composed of

a. 3 divisions,

b. 3 division presidents,

c. 7-9 judges.

2. The total percentage of positions amounts to 960.

3. The effort required for the juvenile court and the valuation commission pursuant to the Expropriation Act is accounted for in paragraphs 1 and 2.

4. The District Court of Lucerne fulfills the tasks of the valuation commission according to the Expropriation Act with its resources.

1. The District Court of Kriens is composed of

a. 2 divisions,

b. 2 division presidents,

c. * 5-7 judges.

2. The sum of the employment percentages amounts to 700.

3. Four judges are employed in a dual function for the Compulsory Measures Court, each with an annual workload of 25 percent.

1. The District Court of Hochdorf is composed of

a. 3 divisions,

b. 3 presiding judges,

c. 7-9 judges.

2. The total percentage of positions amounts to 910.

1. The Willisau District Court is composed of

a. 3 divisions,

b. 3 division presidents,

c. 7-9 judges.

2. The total percentage of positions amounts to 910.

1. The Labor Court is composed of

a. 1 division,

b. 1 division president,

c. 2 judges.

2. The total percentage of positions amounts to 200. The effort required for the Labor Conciliation Authority and the Equal Opportunity Conciliation Authority is taken into account therein.

1. The Criminal Court is composed of

a. 2 divisions,

b. 2 divisional presidents,

c. * 6 judges.

2. The total percentage of positions amounts to 740.

1. The District Court of Lucerne performs the functions of the Juvenile Court with its resources.

1. The Coercive Measures Court is composed of

a. 1 division,

b. 1 division president,

c. 1 judge.

2. The total percentage of positions amounts to 150.

3. The District Court of Kriens covers the additional requirement of 100 percent of positions with its resources.

1. The group of first-instance courts comprises 5-8 judges who can be appointed at will.

2. ...

3. The total percentage of positions amounts to 440.

1. The courts shall regulate their further organization and management in rules of procedure, which must be approved by the Cantonal Court.

1. In each justice of the peace district, a justice of the peace shall serve.

2. The justices of the peace shall represent each other.

1. The workload of the Justice of the Peace is as follows

a. * In the district of Lucerne, 70 percent of a full-time position,

b. In the district of Kriens, 50 percent of a full-time position,

c. In the district of Hochdorf, 50 percent of a full-time position,

d. * In the district of Willisau, 70 percent of a full-time position.

1. As far as possible, the justice of the peace is to be located in proximity to a court of first instance.

2. The registry of the court of first instance may carry out administrative tasks for the justice of the peace.

1. The Rental and Lease Conciliation Authority is responsible for the entire canton.

2. Its seat is in Lucerne.

1. The Mediation Authority for Rent and Lease is composed of

a. the President,

b. 2 members,

c. 16 representatives with equal representation.

1. The President shall head the conciliation authority.

2. He or she

a. makes the personnel decisions,

b. represents the conciliation authority externally,

c. directs the proceedings; he or she may delegate this task to a member.

1. The overall authority according to § 87 shall decide the rules of procedure.

1. The conciliation authority shall regulate its further organization and administration in a set of rules of procedure, which must be approved by the cantonal court.

1. The Employment Mediation Authority is responsible for the entire canton.

2. It is affiliated with the Labor Court.

1. The Labor Conciliation Authority consists of

a. the President of the Labor Court,

b. the judges of the Labor Court,

c. 16 equal representatives, namely 8 representatives each from the employer side and the employee side.

1. The President leads the conciliation authority.

2. He or she

a. makes personnel-related decisions,

b. represents the conciliation authority externally,

c. conducts the proceedings; he or she may delegate this task to a member.

1. The entire authority pursuant to Section 92 shall adopt the rules of procedure.

1. The conciliation authority shall regulate its further organization and administration in a set of rules of procedure, which must be approved by the cantonal court.

1. The Equality Conciliation Authority is responsible for the entire canton.

2. It is affiliated with the Labor Court.

1. The Equal Opportunity Conciliation Authority consists of

a. the President of the Labour Court,

b. the judges of the Labour Court,

c. 8 parity representatives, namely one representative each from the employer side of the private sector, the employee side of the private sector, the employer side of the public sector, and the employee side of the public sector.

1. The President conducts the conciliation authority.

2. He or she

a. makes the personnel decisions,

b. represents the conciliation authority externally,

c. directs the proceedings; he or she may delegate this task to a member.

1. The plenary authority pursuant to § 97 adopts the rules of procedure.

1. The conciliation authority shall regulate its further organization and administration in a set of rules of procedure, which must be approved by the cantonal court.

1. The provisions of §§ 47-49 of the Ordinance on the Personnel Act (Personnel Ordinance) of 24 September 2002 are decisive. For the members of the Cantonal Court, the Authorities Act of 17 November 1970 applies.

2. The Cantonal Court may at any time request information regarding the time commitment involved in the secondary employment.

1. Secondary employment must generally be performed outside the court and must be clearly separated from judicial activity.

1. The application for approval of secondary employment must be submitted in writing to the Cantonal Court. It must contain all necessary information regarding the nature and subject matter of the secondary employment, as well as the anticipated time commitment.

2. The approval is granted for a limited period in accordance with § 50 of the Personnel Ordinance.

3. Before an election, an application for a binding preliminary examination can be submitted.

1. The group of first-instance courts and the land registry group decide on a case-by-case basis regarding

a. freely determinable expenditures up to 100,000 Swiss Francs,

b. fixed expenditures up to 300,000 Swiss Francs.

2. The group of conciliation authorities and the group of bankruptcy offices decide on a case-by-case basis regarding

a. freely determinable expenditures up to 50,000 Swiss Francs,

b. fixed expenditures up to 100,000 Swiss Francs.

1. The expenditures of the groups subordinate to the Cantonal Court are approved by decision of the competent authority.

2. In the following cases, the signature on the accounting document by the authorized person is deemed as approval of expenditures

a. Expenditures up to the amount of 10,000 francs,

b. Salaries and social benefits,

c. Statutory contributions and fees,

d. Bills for telecommunication (excluding telephone installation costs and one-time fees) and for postage,

e. Fees and expenses of post offices and banks,

f. Electricity and water bills,

g. Capital repayments and interest payments,

h. Internal, non-monetary settlements.

3. The Cantonal Court may, through the issuance of directives, provide for further exceptions.

1. Authorization and the use of an expenditure can be decided simultaneously.

2. The authority for the conclusion of contracts for the implementation of expenditure authorizations is determined according to the expenditure competencies for mandatory expenditures.

1. **Provisions on the Management and Retention of Records apply to the Cantonal Court, the First Instance Civil and Criminal Courts, the Conciliation Authorities, the Estimation Commission according to the Expropriation Act, and the Game Damage Estimation Commission, as well as the Supervisory and Examination Commissions appointed by the Cantonal Court.**

2. **For the Debt Collection and Bankruptcy Offices, the Ordinance of the Federal Court on the Retention of Debt Collection and Bankruptcy Records dated June 5, 1996, is binding; for the Land Registry, the Federal Ordinance concerning the Land Registry dated February 22, 1910, is applicable.**

3. **For records located in the State Archive, the Law on Archives (Archives Act) dated June 16, 2003, applies.**

1. Court records are considered to be the documents submitted, obtained, or created during the procedure (such as legal writings, submissions, argument notes, procedure, hearing, and interview records, evidence documents, expert opinions, official reports, record indexes, orders, decisions, judgments).

2. Administrative records are considered to be

a. Protocols and correspondence outside of formal procedures and processes,

b. Personnel files,

c. Investigation reports, protocols, and orders in supervisory and disciplinary matters,

d. Files in examination matters,

e. Accounting records, account sheets, invoices, and receipts,

f. Opinions, consultations, instructions,

g. Performance mandates, statistics, and accountability reports.

3. Third parties are considered to be persons and authorities who are not involved in the procedure as a party or instance, or as a representative of a party or authority.

1. During the pendency of a proceeding, the relevant judicial authority ensures the efficient management of the files.

1. The authority responsible for the dissolution of records is generally the instance where the proceedings are conclusively completed.

1. Upon the final and binding conclusion of civil proceedings, the documents (Art. 177 et seq. CCP) are generally to be returned to the rightful parties.

2. Upon the final and binding conclusion of criminal proceedings, the original documents included in the records are to be returned to the rightful parties against a receipt (Art. 103 Swiss Code of Criminal Procedure of October 5, 2007, CCP).

3. Upon the final and binding conclusion of proceedings under the Administrative Justice Act of July 3, 1972 (AJA), the party records are generally to be returned to the rightful parties. Party records include documents and physical evidence, but not submissions and legal briefs. Original records produced by private individuals or authorities are to be returned. Photocopies generally remain in the court files.

1. Upon the final and legally binding conclusion of the proceedings or upon the completion of the administrative matter, the files are to be stored properly and securely and protected against misuse, damage, and loss.

2. The courts maintain archives, which are generally located on their premises.

1. The records of criminal proceedings must be retained at least until the expiration of the statute of limitations for prosecution and enforcement (Art. 103 para. 1 StPO).

2. The records of conciliation proceedings and civil summary proceedings must be retained for 15 years, and the records of other civil proceedings and proceedings under the VRG must be retained for 30 years from the conclusion of the proceedings.

3. In special cases, the authority responsible for retention may order a longer or indefinite retention period.

4. Collections of judgments and decisions must be retained indefinitely.

5. Administrative records and accounting documents must be retained for 10 years, with the following exceptions

a. For personnel files, retention ends 10 years after the termination of employment,

b. For records pursuant to § 108 paragraph 2e, differing instructions from the cantonal financial control are reserved,

c. At the Cantonal Court, the resolutions of the full court and the management are to be retained indefinitely in the form of protocol volumes.

1. Upon expiration of the retention period, the records must be offered to the state archive for transfer. If the state archive declines to take over the records, they must be destroyed.

2. The state archive may also be requested to take over the records even before the retention period has expired.

3. After 50 years, the records that must be retained indefinitely shall be transferred to the state archive upon its request.

1. Decisions on requests for access to files are made by

a. the presiding officer of the court,

b. the justice of the peace,

c. the presiding officer of the other conciliation authorities,

d. the president of the supervisory authority,

e. the president of the examination commission.

1. Article 102 CCP applies to criminal proceedings. This provision applies mutatis mutandis to other proceedings.

1. Fees and expenses for services related to third-party rights to access files may be charged in accordance with Sections 36 and 37 of the Ordinance of the Cantonal Court on Costs in Civil, Criminal, and Administrative Court Proceedings (Judicial Costs Ordinance) dated March 26, 2013.

1. The Right of Inspection is governed by Article 101 of the Code of Criminal Procedure.

1. In other proceedings, the parties may inspect the files from the commencement of the proceedings in accordance with the applicable procedural law.

2. Article 101 paragraphs 2 and 3 of the Code of Criminal Procedure applies mutatis mutandis to other authorities and third parties.

3. Provisions of international treaties on mutual legal assistance are reserved.

1. The right of access is subject to the following provisions in accordance with the Data Protection Act of 2 July 1990.

2. After the final conclusion of the proceedings, individuals may inspect the files if they can assert a legitimate interest. In particular, they have the right of access if they

a. were a party to the proceedings,

b. initiate a judicial or administrative procedure for which the archived files are relevant,

c. can demonstrate a scientific interest (study or research purpose); if the purpose of processing does not allow for the anonymization of the files, the entitled persons must commit to maintaining confidentiality regarding the inspected files and using the information obtained solely for the specified research purpose.

3. Access to the files shall not be granted if a legitimate interest in confidentiality on the part of private third parties or the public prevails.

1. The decision on access to files is made by the authority responsible for the custody of the files in question.

2. If the files are held in multiple archives, the decision is made by the authority that has legally concluded the procedure.

1. Proceedings with a public hearing are defined as those in which, based on Article 6 Paragraph 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 (ECHR), Article 14 Paragraph 1 of the International Covenant on Civil and Political Rights of September 18, 1992 (ICCPR), Article 30 Paragraph 3 Sentence 1 of the Federal Constitution of the Swiss Confederation of April 18, 1999 (FC), as well as under federal or cantonal procedural law, an oral hearing must be conducted and the public is not excluded in accordance with these provisions.

1. The announcement of public hearings shall be made on the internet.

2. In proceedings with public hearings, the verdicts and decisions of the courts, conciliation authorities, and supervisory authorities may be reviewed at the registry for one month following the date of delivery.

3. Judgments and decisions can be published in whole or in part on the internet. They are generally to be anonymized.

1. The Cantonal Court maintains a register of accredited journalists.

2. A person who meets the requirements of § 125 may be entered into the register. § 129 paragraph 2 remains reserved.

3. A maximum of two journalists per editorial office will be accredited (large accreditation). Upon a justified request, additional editorial staff may be granted a limited accreditation (small accreditation).

4. There is no entitlement to accreditation.

1. The application for accreditation must first be registered online. Applicants must provide a business email address.

2. Applicants must confirm in a subsequent written application to the Cantonal Court that they

a.

1. are employed full-time as a journalist, or

2. are employed part-time as a journalist and have completed legal training,

b. recognize the "Declaration of the Duties and Rights of Journalists" issued by the Swiss Press Council, and

c. regularly report on the judiciary of the Lucerne courts.

3. The application for accreditation must include an employment confirmation signed by the media company and a resume of the applicant.

4. The Cantonal Court may request proof at any time that the conditions for accreditation are still met. If these conditions are no longer met or if proof is not provided within the deadline, the Cantonal Court may revoke the accreditation.

1. Accredited journalists are entitled, beyond the general rights, to

a. Disclosure of selected decisions and any additional documents; the selection is the responsibility of the division president,

b. Invitation to press conferences and other events to which media are invited.

2. Only journalists with major accreditation receive access to the media room on the Internet.

1. The reporting shall be conducted in an objective, appropriate, and balanced manner. Due regard must be given to the personal rights and other legitimate interests of those involved, especially when mentioning names.

2. Any form of prejudgment, unnecessary exposure, or suggestive reporting is to be avoided.

3. Provisions of the Federal Act on Data Protection of June 19, 1992, remain reserved.

1. Accredited journalists must keep the password for the media room confidential. It must not be disclosed.

2. Accredited journalists who no longer report on the judiciary of the Lucerne courts or who leave the media company must immediately report this to the cantonal court.

3. Accredited journalists are obliged to adhere to the "Declaration of the Duties and Rights of Journalists" issued by the Swiss Press Council.

1. Accredited journalists who violate the provisions of §§ 127 or 128 may be warned.

2. In the event of a repeat offense or in serious cases, the accreditation may be temporarily or permanently revoked.

3. Decisions regarding accreditation and sanctions can be appealed to the Cantonal Court by means of an administrative court complaint within 30 days.

1. The Cantonal Court appoints a Communications and Media Officer for the cantonal judicial system.

2. The Communications and Media Officer is the primary contact person for journalists. He or she provides information of a general nature, forwards other inquiries to the competent authority, coordinates media work as well as the publication of decisions and press releases in the media space, and informs as needed about changes in the judiciary.

3. If media inquiries are made directly to other entities within the judiciary, journalists are to be referred to the Communications and Media Officer.

1. The publication of court decisions in the "Lucerne Court and Administrative Decisions" (LGVE) is decided by the Cantonal Court.

2. Other publications of court decisions are decided by the competent court.

3. The decisions must be anonymized. Exceptions can be made in special cases, particularly if

a. the decision would no longer be understandable as a result of anonymization,

b. there is an overriding public interest in a non-anonymized publication.

1. The following terms are used

a. in proceedings pursuant to Article 210 ff. of the CPC: judgment proposal,

b. in proceedings pursuant to Article 212 of the CPC: judgment.

1. The term "Judgment" refers to the substantive final decisions

a. in ordinary proceedings,

b. in simplified proceedings,

c. in divorce proceedings (including modification, annulment, and separation proceedings),

d. in proceedings for the dissolution and annulment of registered partnerships,

e. in appeal proceedings,

f. in complaint and revision proceedings, when the Cantonal Court makes a new decision on the matter.

2. All other substantive and procedural final and interim decisions are referred to as a "Decision."

3. Procedural orders are referred to as "Order."

1. The designation of decisions is governed by Article 80 paragraph 1 of the Swiss Criminal Procedure Code (StPO).

1. The term "judgment" refers to both substantive and formal final decisions.

2. The term "order" refers to interim decisions and declarations of settlement.

1. The following enactments are repealed

a. Ordinance on the Law concerning the Organization of Courts and Authorities in Civil and Criminal Matters (Ordinance on the OGB) of December 17, 2010[21],

b. Regulation on the Secondary Employment of Full-time Administrative Judges of February 12, 1997[22],

c. Ordinance on the Administration and Retention of Files by the Administrative Court and the Valuation Commissions under its Supervision of November 3, 2004[23].

1. The regulation shall enter into force on June 1, 2013. It shall be published.

1. For the judges elected during the 2023-2026 term, the provisions pursuant to §§ 70, 78, and 81 shall continue to apply until the end of the term on December 31, 2026.