Art. 79 Act on the Courts and Judicial Authorities (Court Act, GerG) (Gerichtsgesetz, GerG) - Decision on Request for Recusal

1. Decisions regarding contested requests for recusal pursuant to Art. 50 of the Civil Procedure Code are made by

1. the division of the court to which the concerned court clerk belongs;

2. the cantonal court as a single judge when members of the conciliation authority are concerned;

3. the higher court in a panel of three judges when members of the cantonal court or the higher court are concerned;

4. the administrative court in a panel of three judges when the higher court can no longer be properly constituted for the decision pursuant to item 3.

2. Decisions on appeals are made by

1. the administrative court in a panel of three judges for decisions pursuant to para. 1 items 1-3;

2. the cantonal court in a panel of three judges for decisions pursuant to para. 1 item 4.

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