Court Act (GerG) - Scope of Application (GERG)

1. This Act regulates the organization of the courts.

2. Provisions of federal law and international treaties are reserved.

1. The jurisdiction of the courts and the types of proceedings are subject to legislation concerning the administration of civil, criminal, and administrative justice.

2. The organization, jurisdiction, and procedures of the investigative and prosecuting authorities are governed by the legislation concerning criminal justice administration.

3. The Data Protection Act of January 20, 2009, is appropriately applied to

a) legally concluded proceedings in civil, criminal, and administrative justice administration;

b) judicial administration;

c) the supervision of the courts.

1. The constituencies for the Cantonal Council are formed by the judicial districts.

2. St. Gallen, Rorschach, Rheintal, See-Gaster, Toggenburg, and Wil each form a judicial district. Werdenberg and Sarganserland together form a single judicial district.

**1. Full-time judges shall perform their duties with an employment level of at least 75 percent. Subject to Article 31bis of this decree.**

2. Part-time judges shall perform their duties with an employment level of at least 40 percent.

3. Auxiliary judges shall perform their duties without a fixed employment.

4. Substitute judges and specialist judges shall perform their duties without a fixed employment. Subject to Article 41bis of this decree.

1. The district court divides the judicial district into mediation districts.

1. In the mediation circle, the mediator and the deputy mediator officiate.

2. They perform extraordinary representation in the remaining mediation circles of the judicial district.

1. The President of the District Court is a member of the District Court. She or he serves as

a) President of a division;

b) Single judge;

c) Family judge.

2. She or he serves on a full-time basis.

1. The district court consists of members in the required number who are

a) full-time and part-time judges;

b) auxiliary judges.

2. The district court is divided into sections. It renders judgments with a panel of three members. In criminal cases where a prison sentence of more than five years is possible, it renders judgments with a panel of five members.

3. To balance the workload, the cantonal court may appoint judges as substitutes in another judicial district.

1. Full-time and part-time judges serve as individual judges and family judges.

1. The Mediation Board for Tenancy and Leasehold Relations shall consist of the President, the Vice President, as well as an appropriate number of experts. These experts shall be equally divided between tenants or lessees and landlords or lessors.

2. Unless the President has jurisdiction, the following shall participate

a) a tenant or lessee;

b) a landlord or lessor.

1. The Conciliation Board for Employment Relationships comprises the president, the deputy, and an equal number of employers and employees as necessary. Senior employees are considered employers.

2. The Conciliation Board conducts negotiations in panels of three. Alongside the president, one employer representative and one employee representative participate.

1. The Conciliation Board for Claims Under the Federal Act on Gender Equality of March 24, 1995, consists of the President and an equal number of employers and employees in the required number. Senior employees are considered as employers.

2. The Conciliation Board conducts proceedings with a panel of three. Employers and employees, as well as both genders, are represented.

1. The Cantonal Court shall consist of full-time and part-time judges as members, in the necessary number.

2. The full-time members of the District Court are substitute judges.

1. The Cantonal Court renders judgments through chambers composed of three judges. The jurisdiction of single judges is reserved.

1. The Commercial Court is composed of

a) one full-time member of the Cantonal Court serving as President;

b) three full-time members of the Cantonal Court serving as Vice Presidents;

c) a sufficient number of commercial judges.

1bis. The other members of the Cantonal Court serve as substitute judges.

2. The Commercial Court adjudicates with a panel consisting of two cantonal judges and three commercial judges. This is subject to the jurisdiction of the President acting as a single judge.

1. The indictment chamber comprises a cantonal judge as the president, as well as four part-time judges as members.

2. The members of the cantonal court are substitute judges.

1. The Administrative Appeals Commission consists of members who are full-time, part-time, and auxiliary judges in the required number. For the assessment of particular disputes, expert judges are assigned to it.

2. The Administrative Appeals Commission is divided into divisions and chambers. It adjudicates with a panel of three.

3. The members of the Insurance Court are substitute judges.

1. The Insurance Court shall consist of full-time, part-time, and honorary judges in the necessary number as members. For its role as a statutory arbitration court, specialized judges shall be assigned to it.

2. The Insurance Court is structured into divisions and chambers. It adjudicates with a panel of three judges. As an arbitration court, it decides with a panel of five judges. For simple cases, single-judge decisions can be provided.

3. The members of the Administrative Appeals Commission are substitute judges.

1. The administrative court is composed of full-time, part-time, and auxiliary judges in the required number as its members.

2. The members of the Administrative Appeals Commission are substitute judges.

3. The administrative court renders decisions in a panel of three. Exceptions are reserved for

a) the powers of the president and full-time and part-time members according to Art. 39bis, Art. 59 para. 2, Art. 59bis para. 3, and Art. 60 of the Administrative Procedure Act of May 16, 1965;

b) adjudication in a panel of five when

1. a legal question is being assessed for the first time;

2. the government has made a decision as the previous instance;

3. a deviation from the established case law of the administrative or federal court is intended;

4. the president of the administrative court orders it for the assessment of a legal question of fundamental significance.

1. The eligible voters of the political municipalities of the judicial district elect the members of the District Court

a)* the President;

b)* the full-time and part-time judges;

c)* the auxiliary judges.

1. The District Court elects

a) the President, the Vice President, and the experts of the Conciliation Board for Tenancy and Lease Matters;

b) the President, the Vice President, as well as the employer and employee representatives of the Conciliation Board for Employment Matters;

c) the Mediator and the Deputy Mediator.

2. The District Court President may appoint extraordinary substitute judges for the conciliation boards.

1. The Cantonal Court elects the president and the other members of the conciliation body for complaints under the Federal Gender Equality Act of March 24, 1995 (10). Associations dedicated to issues of gender equality between women and men can submit nominations for president.

1. The Cantonal Council elects

a) the full-time and part-time members and from the full-time members, the President of the Cantonal Court;

b) the commercial judges;

c) ...

d) the President and the other members of the Indictment Chamber;

e) the full-time, part-time, and auxiliary judges as well as the specialist judges of the Administrative Appeals Commission;

ebis) the members of the Insurance Court;

f) the members of the Administrative Court and from their full-time members, the President.

1. The President of the Insurance Court selects the specialist judges according to Article 17, Paragraph 1, Sentence 2 of this decree upon the proposal of the parties involved in the proceedings.

1. Eligible as Judges or Substitute Judges is any person who is eligible to vote.

2. Judges and Substitute Judges may perform their duties if they reside within the local jurisdiction. The competent department may grant exceptions for a limited period if there are significant reasons and the fulfillment of official duties is ensured.

3. Specialized Judges of the Administrative Appeals Commission and the Insurance Court are not required to reside within the local jurisdiction.

1. Eligibility for election as a full-time or part-time member of the District Court is granted to those who

a) have completed a law degree with a licentiate or a master's degree from a Swiss university or hold a Swiss attorney's license. The requirement is also fulfilled by those who possess another university degree or qualification certificate that the President of the Cantonal Court recognizes as equivalent;

b) have at least three years of professional experience in the judiciary or legal practice.

2. The decision of the President of the Cantonal Court pursuant to paragraph 1 letter a of this provision can be appealed to the Cantonal Court within fourteen days. The provisions of the law on administrative legal procedures concerning appeals are applied accordingly.

1. The members of the Cantonal Court may not be members or court clerks of another cantonal civil or criminal court, and the members of the Administrative Court may not belong to any other cantonal administrative court, unless this law provides for exceptions.

2. ...

3. The constitutional grounds for disqualification apply to all courts.

1. The term of office is six years, and for the president of the Cantonal Court and the Administrative Court, it is two years.

2. The term of office begins on June 1.

1. Oath of Office or Solemn Affirmation before the President of the District Court

a) Mediators and their Deputies;

b) Judges of the District Court;

c) ...

d) President, Deputies, and Members of the Conciliation Committee for Tenancy and Lease Matters and the Conciliation Committee for Employment Matters.

2. The President of the Government administers the oath to the Presidents of the District Courts.

3. The President of the Administrative Court administers the oath to

a) Part-time Judges and Expert Judges of the Administrative Appeals Commission;

b) Part-time Judges of the Social Insurance Court.

4. Those who are re-elected or assume a different office do not have to repeat the Oath of Office or Solemn Affirmation.

1. Any person who is elected by the Cantonal Council to a court for the first time shall take an oath of office or make a solemn promise before the Cantonal Council. Article 29 paragraph 3 of this Act remains reserved.

1. The Courts organize and administer themselves within the framework of the legislation by, in particular

a) assigning members to the divisions and regulating deputization within the court;

b) electing court clerks and other staff.

1. The Cantonal Court may reduce the employment level of its full-time members by up to 20 percent and that of the President of the District Court by up to 25 percent.

2. The Administrative Court may reduce the employment level of its full-time members by up to 20 percent and that of the full-time judges of the Administrative Appeals Commission by up to 25 percent.

2bis. The Insurance Court may reduce the employment level of its full-time members by up to 25 percent.

3. The Cantonal Court, Administrative Court, and Insurance Court may increase the reduced employment level within the framework of the budget.

1. The District Court determines the level of employment for judges within the framework of the staffing plan and selects from among the full-time and part-time judges

a) the Vice President of the District Court;

b) the Presidents of a Division;

c) Individual Judges;

d) Family Judges.

2. It orders

1. the organization of the District Court;

2. the deployment of the President, the Presidents of a Division, and the court clerks for the District Court;

3. the extraordinary substitution of mediators.

3. It designates the secretariats of the conciliation body for rental and lease disputes as well as the conciliation body for employment disputes.

1. The Cantonal Court assigns cantonal judges, court clerks, and other personnel to the Commercial Court.

1. Members are convened for elections and administrative matters of the court. A majority of members must be present to constitute a quorum.

2. Circular resolutions are permissible unless a member requests a meeting.

3. Subject to the delegation of powers to an administrative committee.

1. The district courts have an official seat within the judicial district.

1. Judges, court clerks, and staff are obligated to maintain confidentiality. In particular, they must not disclose anything regarding the court's deliberations or the voting process.

1. The presidents of the Cantonal Court, the Administrative Court, and the Insurance Court decide within their jurisdiction and area of supervision whether court files are to be released or information about court proceedings is to be provided.

2. For the Court of Indictment, the president is responsible.

3. A general regulation of exceptions from official secrecy by regulation or directive remains reserved.

1. Judges, court clerks, and staff are not permitted to discuss pending cases with the parties involved or with individuals acting on their behalf, unless otherwise provided by law.

1. Full-time and part-time judges, as well as court clerks, may not engage in secondary employment that could impair the execution of their official duties.

2. Prohibited activities include, in particular

a) for full-time judges: practicing as an attorney, guardian, or trustee; providing business or legal advice to enterprises and associations; and engaging in independent entrepreneurial activities;

b) for part-time judges and court clerks of a court: representing parties involved in the court;

c) for full-time and part-time judges of the administrative judiciary: engaging in activities within the same subject area in state administration for which the respective court is responsible.

3. Full-time judges require approval from the competent supervisory authority, and part-time judges and court clerks must notify this authority if they

1. pursue additional employment;

2. are members of the board of directors of a commercial company or a cooperative with an economic purpose.

1. Part-time Judges of District Courts may not act as Attorneys or Legal Agents within their district court jurisdiction.

1. According to the service and salary regulations for state personnel, the following can be permanently employed

a)* Substitute judges of the cantonal court, whose employment level reaches at least 40 percent;

b)* Specialist judges of the administrative appeals commission, whose employment level reaches at least 40 percent. The administrative court is responsible.

1. The provisions of the Personnel Act of January 25, 2011, shall be applied appropriately as supplementary law.

1. Upon assuming office, the judge shall disclose

a) professional activity and employer;

b) roles in management and supervisory bodies of economic enterprises and corporations, institutions, and foundations governed by private and public law;

c) permanent leadership and advisory functions for significant interest groups and associations;

d) participation in commissions and other bodies of the Federation, canton, and municipality;

e) holding of public offices;

f) party affiliation.

2. The professional secrecy remains reserved.

3. The judge shall report any changes.

1. The courts maintain a register of the details of judges.

2. The register is public.

1. The Supervision is vested in

a) the President of the District Court over the mediators and the conciliation authority for tenancy and lease matters as well as the conciliation authority for employment matters;

b) the Cantonal Court over the President of the District Court, the district courts and the conciliation authority for claims under the Equality Act;

c)* the Administrative Court over the Administrative Appeals Commission.

1. The supervisory authority may issue instructions regarding the management of business.

2. The Cantonal Court, the Administrative Court, and the Insurance Court

a) enact and publish guidelines on the setting of judicial deadlines and hearing dates, as well as on the delivery deadlines for judicial decisions;

b) establish objectives and performance targets within their supervisory purview.

1. The courts are subject to the supervision of the Cantonal Council.

2. The Cantonal Court, Indictment Chamber, Administrative Court, and Insurance Court report annually to the Cantonal Council on the administration of justice.

1. The government oversees the lawful existence of the judicial authorities.

2. It may, exceptionally, upon the proposal of the Cantonal Court, the Court of Appeal, the Administrative Court, or the Insurance Court, appoint extraordinary substitute judges for a court and the deputy position of a full-time court president if it is required for the lawful composition of the court or the orderly conduct of business.

1. The government submits the necessary credits for the courts to the Cantonal Council within the framework of the budget.

2. It receives the proposals from the Cantonal Court, the Administrative Court, and the Insurance Court.

3. The presidents of the Cantonal Court, the Administrative Court, and the Insurance Court have the right to participate in the meetings of the preparatory commission and the Cantonal Council concerning the budget for the courts. They have an advisory vote and the right to make motions.

1. The state shall bear the costs of the administration of justice, unless otherwise specified.

2. It shall receive the fees and fines imposed by the courts.

1. The political municipality provides, free of charge, suitable premises for

a) the mediation board;

b) hearings and examinations of the district court and conciliation bodies, if these customarily convene in the municipality;

c) evidence collection by other courts.

1. The court is independent in its adjudication and is bound only by the law.

1. If multiple chambers or single judges within a court adjudicate, legal questions that are significant for the uniformity of jurisprudence can be submitted for joint decision to the affected chambers or single judges by the court president upon the request of a judge.

1. If a court in a judicial district is not fully constituted due to a disqualification, the President of the Cantonal Court shall assign the case to a court in another judicial district.

1. Judges, parties, and participating third parties shall use the German language.

2. If they understand another language, the court may permit its use.

1. The President of the Court may allocate special seats to the press.

2. He or she may grant court reporters access to the files.

3. He or she may admit them to non-public hearings, provided that public and legitimate private interests are not impaired.

1. The President of the District Court

a) leads the District Court;

b) represents the District Court externally;

c) presides over the full court;

d) assigns cases according to fixed rules and ensures workload balance;

e) conducts administrative affairs, insofar as the full court is not responsible.

2. He or she casts the deciding vote in the event of a tie.

1. The Court Clerk

a) manages the court office. If several court clerks are active in a court, a head of the office may be designated;

b) has an advisory voice with the right to propose motions in court, maintains records, and drafts decisions;

c) participates in cases with single judges at the request of the President, or in the case of district courts, at the request of the Executive Director. At the district court, participation is limited to complex and demanding cases.

2. They operate under the direct supervision of the President of the Court. This is subject to the professional supervision of the Case Manager.

1. The Cantonal Council shall determine by cantonal council resolution the number

a) ...

b) ...

c) of members and the substitute judges of the Cantonal Court to be elected by it;

d) of commercial judges;

e)* of judges of the Administrative Court.

2. It shall establish for each district court a minimum and a maximum number of judges.

3. The Cantonal Court shall determine the number of judges to be elected before the election of

a) full-time and part-time judges;

b) associate judges.

1. The Cantonal Court, the Administrative Court, and the Insurance Court shall jointly issue regulations by decree concerning

a) ...

b) Fees and other court costs;

c) Compensations for part-time judges;

d) Compensation rates for witnesses, informants, experts, and other third parties participating in the proceedings.

2. The organization shall be regulated by decree by

1. the Cantonal Court with regard to the organization of mediation offices and conciliation bodies;

2.* the Administrative Court with regard to the organization of the Administrative Appeals Commission.

3. The powers of the Cantonal Council to determine the budget are reserved.

1. The Cantonal Court issues detailed provisions regarding the organization and operation of the courts through regulations. It may regulate exceptions to official secrecy, the admission of court reporters, and the disclosure of decisions through regulation or instruction.

2. It regulates the employment of auditors for professional training within the framework of the budget.

3. The Administrative Court is granted these powers for its jurisdiction and supervisory scope, and the Insurance Court for its jurisdiction.

1. The Act on the Organization of District Courts of January 5, 1978, is repealed.

1. Where the legislation refers to the Appeals Commission of the Cantonal Court, it is to be understood as a chamber of the Cantonal Court consisting of three judges.

1. Where the legislation contains no specific provisions, the Cantonal Court shall decide

a) as an appellate instance composed of three judges;

b) as the first instance as well as the appellate instance against decisions of the Bar Association, composed of five judges;

c) as the full Cantonal Court composed of seven judges.

1. The Grand Council may re-elect part-time Cantonal Judges for a limited term of three years if they are in office at the commencement of this law and have not yet reached the age required for the receipt of retirement pensions.

1. The provisions of the law on civil procedure regarding the commencement of time limits due to the oral pronouncement of judicial decisions remain in effect until their repeal.

1. Legal Protection Against Orders Concerning Protective Deprivation of Liberty Issued Before the Commencement of This Law Shall Be Governed by Previous Law.

1. This law shall be applied from July 1, 1987.

2. The Court of Indictment, the Administrative Appeals Commission, and the Insurance Court shall be elected for a term of office of five years starting from July 1, 1988.

3. For the existence and election of mediators, this law applies from the beginning of the term of office of the municipal authorities from 1989 to 1992. The conciliation bodies will be elected for the first time on July 1, 1988, according to this law, for a shortened term of office until June 30, 1991.