Rules of Procedure of the Cantonal Court of the Canton of Lucerne (GOKG) - President of the Cantonal Court (GOKG)

1. The President of the Cantonal Court presides over the full court, the executive committee, and the president's conference.

2. He or she is responsible for

a. representing the courts and the agencies subordinate to the Cantonal Court externally, particularly in relation to the Cantonal Council and the Government Council,

b. handling the business assigned by the executive committee,

c. the issuance of costs (§ 97 para. 2a Judiciary Act [JusG], § 205 para. 2 Act on Administrative Jurisdiction [VRG]),

d. granting access to files outside of pending proceedings,

e. administering oaths, as provided by the legal order.

3. He or she may appoint reporters for the matters to be dealt with by the full court, the executive committee, or the president's conference. Subject to § 7 paragraph 2, he or she decides whether such a matter will be settled in writing.

1. The Vice President represents and supports the President of the Cantonal Court.

2. He or she manages the tasks assigned by the President of the Cantonal Court or the executive board.

3. In the event of his or her own incapacity, he or she is represented by a member of the full court belonging to the extended executive board (§§ 3 para. 2, 6 para. 4).

1. The President of the Cantonal Court, together with the Vice President, forms the Executive Board. The Secretary General acts in an advisory capacity and has the right to make motions.

2. In the event of a tie vote, the Executive Board is expanded to include another member of the full court (§ 6 para. 4).

3. The members of the Executive Board are not part of the same division and do not preside over any division.

1. The management fulfills all leadership tasks and conducts the affairs of the court administration and supervision that are not assigned to another body. It may delegate certain tasks, either generally or on a case-by-case basis, to the president or vice president of the Cantonal Court, the secretary-general or their deputy for resolution.

2. It is particularly responsible for

a. reporting to the Cantonal Council,

b. the appointment of court clerks,

c. the allocation of court clerks to the departments and determination of their workload,

d. granting leave to court clerks and their promotion,

e. the service mandate and monitoring its fulfillment,

f. balancing the workload between the departments (§ 13 para. 4),

g. the election of the person responsible for communication and media in the judiciary (§ 11),

h. approving the election of the managements of ORIG and FRG as well as the OIB (§ 10 para. 1b, c, and d),

i. the consultation on legislative proposals and other projects,

j. approving project applications and coordinating the project portfolio,

k. the global budget and financial planning,

l. allocating financial resources to the subordinate groups and offices,

m. managing the subordinate groups, particularly approving their rules of procedure, regulations, and resolutions, as far as the legal order allows,

n. service and professional supervision of the subordinate courts and conciliation authorities,

o. the election of

1. the presidents and heads of the subordinate groups,

2. the land registry administrators and bankruptcy officers, including their deputies,

3. the members of supervisory authorities and examination commissions, including their presidencies,

4. extraordinary public prosecutors, extraordinary juvenile attorneys, as well as extraordinary members of the courts and authorities subordinate to the Cantonal Court,

p. determining the remuneration of

1. the first-instance judges,

2. the justices of the peace,

3. the presidents of the conciliation authorities for rent and lease as well as their members, to the extent these are not compensated on an hourly basis,

4. the head of the land registry, the land registry administrators and their deputies,

5. the bankruptcy officers,

q. other personnel decisions regarding the courts and authorities subordinate to the Cantonal Court, as far as they were not delegated or no other legal jurisdiction exists,

r. decisions on admission to the professional examinations in the judiciary and on their waiver, as far as the legal order allows,

s. granting legal protection according to § 12 of the Authorities Act of November 17, 1970.

3. In the case of paragraph 2b, the management decides with the involvement of the relevant departments and in the cases of paragraphs 2c-f after consultation with the department presidencies. These participate in the case of paragraph 2i, as far as their sphere of activity is affected.

4. For exercising professional supervision (para. 2n), the management involves the president and, if necessary, other members of the competent department.

1. The President of the Cantonal Court, together with the Vice Presidency and the heads of the divisions, forms the Presidium Conference. The Secretary General is a member of the Presidium Conference with an advisory vote. He or she can call upon further employees from the General Secretariat for support.

2. The Presidium Conference is responsible for

a. the coordination of jurisdiction among the divisions,

b. the allocation of disputes, in the event of disagreement or if they fall within the remit of several divisions,

c. the definition of quality requirements in jurisdiction,

d. the issuance of guidelines for the formatting, editing, anonymization, and publication of judgments and decisions,

e. the issuance of guidelines for legal further education.

3. In the case of paragraph 2b, the presidents of the affected divisions decide according to the legal question on which the emphasis of the decision lies. In case of a tie, the President of the Cantonal Court decides.

4. At least two presidents of a division can initiate the convocation of the Presidium Conference.

1. The full court is responsible by law for

a. the issuance of the rules of procedure of the Cantonal Court and any further legislative ordinances,

b. the election of the Secretary General and their deputy,

c. the nomination proposals to the Cantonal Council for the presidency of the Cantonal Court and for substitute judges,

d. the constitution of the Cantonal Court.

2. Furthermore, the full court is responsible for

a. the amendment of the employment rate pursuant to § 14 paragraph 4 JusG,

b. the approval of secondary employment for cantonal judges,

c. the issuance of guidelines regarding the formation of panels and the appointment of instructing judges.

3. The constitution of the full court generally takes place after the general renewal election of the Cantonal Court and supplementary elections for the remainder of the term of office.

4. As part of the constitution process, the full court appoints the individual divisions (§ 13) and elects their presidencies from among the full-time judges. It elects the judge for the extended executive board and their deputy (§ 3 para. 2).

1. The President of the Cantonal Court presents to the full court the matters within its jurisdiction. He or she issues the invitations in writing at least five working days before the meeting, specifying the agenda items.

2. Resolutions in writing are permissible, provided that no member of the full court explicitly requests a meeting within a specific period.

3. Within the jurisdiction of the full court, the submission of a matter to it can be effected by

a. two division presidents,

b. the majority of judges of a division,

c. at least five members of the full court.

4. The passing of a resolution requires the presence of at least 16 members of the full court. Upon request from at least three members, the vote or election is conducted by secret ballot.

5. A resolution is adopted by a majority of votes. Abstentions as well as blank and invalid votes are disregarded. In the event of a tie, the vote is repeated once. If the tie persists, the President of the Cantonal Court has the casting vote.

6. In elections, the absolute majority decides, from the third round the relative majority. Abstentions as well as blank and invalid votes are disregarded. In the event of a tie, the decision is made by lot.

1. The Presidents of the Divisions manage their divisions in terms of personnel and organization.

2. They are particularly responsible for

a. measures for efficient handling of business,

b. controlling within the division,

c. selecting judgments and decisions for publication.

3. Where a division is divided into chambers, the Division President leads one chamber and retains overall responsibility for the division. The division elects a President to lead the other chamber. This individual takes on the tasks delegated by the Division Presidency.

4. The Presidents are represented by the longest-serving member of their division or chamber. If a division is divided into chambers, the Division President is represented in this function by the Presidency of the other chamber.

1. The Secretary General prepares the matters assigned to the Presidium of the Cantonal Court, the executive management, and the full court and implements their resolutions and directives.

2. He or she manages the central services and ensures their efficient use. This is done with regard to the needs of the departments and in consultation with their presidencies.

3. Specifically, the Secretary General is responsible for

a. all personnel decisions within the central services, subject to § 4 paragraph 2h,

b. representing the Cantonal Court within his or her jurisdiction or as authorized by the Presidium of the Cantonal Court,

c. managing the financial resources within his or her jurisdiction,

d. publishing decrees, decisions, and directives,

e. operational reporting,

f. controlling, insofar as it is not the responsibility of the executive management and the department presidencies,

g. issuing directives for the central services,

h. the courts' internet presence,

i. deciding on applications for legal internships at the Cantonal Court,

j. approving legal proceedings under § 96 paragraph 2 JusG and § 205a VRG,

k. coordinating the subordinate groups in administrative matters.

4. The Secretary General reports to the executive management. He or she is supported by a deputy and may delegate specific tasks and authorities to this deputy.

1. Central Services Include

a. Human Resources,

b. Courts Organization and IT (ORIG),

c. the Organization and IT Officer (OIB),

d. Courts Finance and Accounting (FRG),

e. the Secretariat,

f. the Maintenance Service,

g. the Library,

h. the Archive,

i. the Division for Buildings, Furniture, and Materials,

j. * Security,

k. * Communication.

2. The ORIG ensures a functional IT infrastructure and user support for the Cantonal Court and its subordinate courts and departments. It manages IT and organizational projects according to the directives of the management.

3. The FRG handles the accounting of the Cantonal Court and the central administration in financial matters for the courts and departments under its jurisdiction.

4. ORIG and FRG may issue technical instructions for the subordinate courts and departments.

1. The Communications and Media Officer Judiciary (COM)

a. advises the Cantonal Court and the subordinate courts and departments on all matters related to information and media,

b. acts as the contact person for the media for the entire judiciary,

c. is responsible for disseminating information externally and within the judiciary,

d. advises the Secretary-General regarding the internet presence of the Cantonal Court and the subordinate courts and departments.

2. ...

3. In matters that have an impact on public perception, the participants provide the necessary information to the COM.

1. The cantonal court is divided into four divisions for adjudication.

2. The division may decide on further subdivision into chambers.

1. Judges are assigned to a division. In special cases, judges can be affiliated with another division for adjudication.

2. Special cases include, in particular, disqualification, vacancies, and cross-jurisdictional disputes.

3. Cases are assigned to the divisions according to §§ 14 et seq. based on legal fields. The division decides on the allocation of legal fields to any chambers.

4. In the event of extraordinary workload in a division, individual cases or entire legal fields may be transferred to another division within the framework of workload balancing. The transfer of entire legal fields is typically decided for the duration of one year and published in the Cantonal Gazette.

1. The First Division handles

a. Appeals in civil law, with the exception of family law,

b. Proceedings as the only cantonal instance in civil law, with the exception of family law,

c. Decisions as an appellate authority according to Articles 956a and 956b of the Swiss Civil Code (ZGB),

d. Proceedings as a higher court in arbitration matters (Art. 356 para. 1 of the Swiss Code of Civil Procedure, ZPO),

e. Appeal procedures in criminal law,

f. Revisions in criminal law against decisions of the Second Division,

g. Appeals in debt enforcement and bankruptcy law,

h. The tasks of supervisory authorities in debt enforcement and bankruptcy law as well as land registry law, subject to § 4 paragraph 2m,

i. Administrative court appeals in civil law, with the exception of family law,

j. Administrative court appeals against decisions of the supervisory authorities over lawyers and notaries,

k. Administrative court appeals against decisions concerning competency examinations in the judiciary,

l. Administrative court appeals against decisions concerning victim assistance benefits,

m. * Proceedings for legal aid in their area of jurisdiction,

n. * The supervisory tasks over the Public Prosecutor's Office including the Second Division.

1. The second division handles

a. Appellate procedures in family law,

b. Proceedings as the sole instance in family law,

c. Appeal proceedings in criminal law,

d. Other appeals in criminal law,

e. * Legal remedies concerning independent subsequent decisions of the court (Art. 363 et seq. StPO[6]) and complaints regarding the enforcement of juvenile criminal sanctions (Art. 43 JStPO[7]),

f. Administrative court appeals concerning penal enforcement,

g. * The duties of professional supervision over the public prosecutor's office including the first division,

h. Proceedings for legal aid within its jurisdiction,

i. Decisions not assigned to another division.

1. The Third Division deals with administrative court complaints and administrative legal actions concerning

a. disputes related to federal and cantonal social insurance law,

b. disputes arising from the reduction of health insurance premiums,

c. proceedings for free legal aid within its jurisdiction.

2. The President of the Third Division chairs the arbitration tribunal in accordance with Article 27bis of the Federal Law on Insurance against Military Risks (IVG), Article 89 of the Health Insurance Act (KVG), and Article 57 of the Accident Insurance Act (UVG). If the President is unable to perform these duties, he or she delegates this task to another judge.

1. The Fourth Division handles administrative court complaints and administrative lawsuits that are not assigned to the other divisions.

1. The review of decrees under § 188 VRG is conducted by the third and fourth divisions. The chairman is the president of the division in whose jurisdiction the subject matter of the decree to be reviewed falls.

2. Following their constitution, both divisions appoint two additional judges from among their ranks to participate in the decree review.

3. As a rule, five judges participate in the decree review. Three of them belong to the division in whose jurisdiction the subject matter of the decree to be reviewed falls.

4. Clearly unfounded or inadmissible review applications can be resolved by a panel of three judges, two of whom belong to the division in whose jurisdiction the subject matter of the decree to be reviewed falls. Upon request by a participating judge, the review is conducted by a panel of five judges.

1. Decisions are made in a division unless higher-ranking law dictates the appointment of a single judge.

2. Each member of the full court may serve as a single judge.

3. In special cases, the single judge may refer the dispute to the division for consideration. He or she determines whether a special case exists.

4. Special cases are particularly deemed to include

a. the assessment of fundamental legal questions,

b. the assessment of cases with significant implications,

c. changes in legal practice.

1. The division or the chamber decides with a panel of three members.

2. In special cases pursuant to § 19 paragraph 4, the division or the chamber is supplemented by two additional members to form a panel of five

a. upon the order of the division president or the chamber president,

b. at the request of a participating judge.

3. In the event of a dispute as to whether a special case exists, the division or the chamber shall decide with a panel of three members.

1. The sections decide at the beginning of the term of office whether to adopt comprehensive or divided case management.

2. Comprehensive case management is exclusively the responsibility of the investigating judge, effective from their appointment (§ 25 para. 2), throughout all phases of the proceedings.

3. Divided case management is the responsibility of the investigating judge from the assignment of the case to the report until it is circulated, and during the remaining phases of the proceedings, it falls under the responsibility of the president of the section or chamber.

4. Case management particularly includes the following presidential powers

a. the measures pursuant to § 22 paragraphs 1 and 2,

b. the appointment of substitute and expert judges (§§ 23 and 24),

c. the conduct of hearings and deliberations (§§ 27 and 29),

d. the review and signing of judgments and decisions (§§ 30 and 32).

5. The presidential powers transfer to the investigating judge with case management.

1. The President shall issue the procedural orders. This includes, among others, orders concerning intervention (Art. 73 CPC), joinder (§ 20 VRA), security for costs (Art. 99 CPC), suspension (Art. 126 CPC, § 41 VRA), legal aid (Art. 119 et seq. CPC, Art. 136 et seq. CrimPC, § 204 VRA), and the correction of the minutes (Art. 235 para. 3 CPC).

2. He or she is also responsible for decisions concerning

a. provisional measures after the main proceedings have become pending, including taking of evidence in urgent cases (Art. 158 and Art. 261 et seq. CPC), provisional orders in urgent cases (§ 45 VRA), and measures for securing evidence after the commencement of proceedings (§ 58 para. 1 VRA),

b. suspensive effect (Art. 325 para. 2 CPC, § 131 VRA), the granting of early enforcement (Art. 315 para. 2 CPC) and the suspension of execution in the revision proceedings (§ 178 VRA),

c. third-party notice (Art. 81 CPC).

3. In special cases, the division or chamber may decide in place of the President.

4. Within the framework of superior law, certain parts of the conduct of proceedings, particularly standardized orders at the initial stage of the proceedings and during the course of the ordinary exchange of written submissions, may be directly delegated to the court registry in specific legal areas, case groups, or types of proceedings.

5. Similarly, certain parts of the conduct and instruction of proceedings may be assigned to court clerks.

6. In place of, or in addition to, a court clerk, a legal intern or an employee of the court registry may be included for certain acts of instruction.

1. The President may appoint specialist judges to the adjudicating body if the expertise required for handling the dispute necessitates their involvement.

1. The President may appoint substitute judges to participate as referents or co-judges if, notably due to recusal or vacancies, there are no full-time or permanent judges available in the relevant chamber, or if it is necessary to manage the caseload.

2. Substitute judges generally do not perform as single judges. Procedural management and instruction may be assigned to them on a case-by-case basis or for specific groups of cases.

1. Every new case is recorded in the case management by the law office and submitted without delay to the presidency of the competent department or chamber.

2. In the comprehensive management of proceedings, the case may be directly submitted to the investigating judge according to a specific protocol.

1. The report is generally prepared in writing.

2. It contains

a. the essential facts of the case,

b. evidence assessment, as far as necessary,

c. legal evaluation,

d. the application.

1. The President shall conduct the proceedings and order measures to maintain courtroom order.

2. He or she shall arrange for the exercise of the parties' right to inspect the files.

3. The files along with the report shall be made available to the participating judges at least ten days prior to the proceedings. In the case of extensive matters, the President may order an earlier submission.

4. The judges and the court clerks shall wear attire appropriate to the occasion.

1. The business shall, except for criminal appeals involving hearings, generally be decided by way of circular resolution.

2. The matter shall be discussed in a meeting if

a. disagreements cannot be resolved by circular resolution,

b. the procedural director orders it,

c. a judge requests it.

**1. During the deliberations, the examining judge shall present his or her motion. Subsequently, each judge shall express his or her opinion in turn and may propose a counter-motion. The president of the division or chamber shall speak last, provided he or she participates.**

**2. The court clerk shall have an advisory voice.**

**3. The deliberations may be adjourned for compelling reasons and continued at a later session.**

**4. Once no one else requests to speak, the president shall call for a vote. The judges are obliged to cast their votes.**

1. The President shall bear the responsibility for the issuance of the judgments and decisions.

2. In the case of shared case management, the draft by the court clerk must first be submitted to the instructing judge for review.

3. Any participating judge may request that the reasoning be presented to him or her for approval.

4. Procedural orders, evidentiary orders, and other interlocutory decisions may be issued in the form of a letter.

5. Furthermore, the guidelines of the President’s Conference pursuant to § 5 paragraph 2d must be observed.

1. In case of prevention, and unless the rules of procedure provide for representation or specific matters have not been delegated,

a. the Vice President is represented by the member of the management elected by the plenary court, and thereafter by their substitute according to § 6 paragraph 4,

b. the Deputy Secretary General is represented by the assistant to the Secretariat General, and thereafter by the longest-serving court clerk,

c. the leadership of the FRG is represented by the Secretary General, and thereafter by their substitute,

d. * the KOM is represented by the Secretary General, and thereafter by their substitute.

2. They mutually represent each other, unless the matter has been delegated to another person

a. the OIB and the leadership ORIG; in their absence, the ORIG is represented by the Secretary General, and thereafter by their substitute,

b. in procedural leadership in single judge decisions, the judges of the same division, and in division decisions, the judges of the appointed panel,

c. the court clerks of the same division.

1. In their respective areas of responsibility, the following individuals shall sign individually

a. the President of the Cantonal Court,

b. the Secretary General,

c. the OIB,

d. the head of ORIG,

e. * the KOM,

f. the head of FRG.

2. For matters concerning the entire court, the President of the Cantonal Court and the Secretary General shall sign jointly.

3. For executive management matters, the President and the Vice President of the Cantonal Court shall sign individually.

4. For financial transactions, differing provisions of the internal control system (IKS) remain reserved.

5. Procedural orders as well as other interim decisions and declarations of completion shall be signed by the President or, on their behalf, by a court clerk or a staff member of the registry.

6. The President or the individual judge shall typically sign judgments and decisions together with a court clerk.

7. Statements submitted to the Federal Court shall be signed by the President or the instructing judge.

1. Image and sound recordings of court proceedings, including judicial evidence procedures conducted outside the court building, by parties or third parties are prohibited.

2. The Secretary-General may permit image and sound recordings in the court building outside of court proceedings if there is no risk of violating personal rights.

1. The Rules of Procedure for the Administrative Court of the Canton of Lucerne dated May 16, 1973, and the Rules of Procedure for the Supreme Court of the Canton of Lucerne dated June 24, 2010, are hereby repealed.

1. The Rules of Procedure shall enter into force on June 1, 2013. They are to be published.