Regulation of the Council of the Judiciary (RCdM) (RCDM)

This regulation governs the organization and functioning of the Council of the Judiciary of the Canton of Ticino.

1 The Council of the Judiciary has its seat in Lugano, at the Court where its President operates.

2 The website of the Canton Ticino indicates the full address of the Council of the Judiciary and provides all necessary information for users to contact it, respectively the annual reports and jurisprudence.

The composition of the Judicial Council, the duration of terms of office, and the procedures for the election of its members and alternates are governed by the Judicial Organization Act of 10 May 2006 (JOA).

1. **Magistrates**

For the purposes of these regulations, magistrates are the members with a judicial role of the authorities listed in Article 1 paragraph 2 of the LOG, specifically the judges, ordinary or extraordinary, respectively their substitutes, ordinary or extraordinary, of the Justice of the Peace Courts, the Praetorian Courts, the Criminal Praetorian Court, the Court of Appeal, the Office of the Judge of Coercive Measures, the Expropriation Tribunal, as well as the Public Prosecutors of the Public Prosecutor's Office, the judges of the Juvenile Court, the Juvenile Magistrates, the members of the Council of the Judiciary and those of the Judicial Appeals Commission.

2. **Persons Performing Judicial Functions**

Persons performing judicial functions, as referred to in Article 74 paragraph 1 of the LOG, include in particular the experts of the Expropriation Tribunal, the lay assessors, as well as the lay members of other tribunals.

3. **Exclusions**

Persons active in civil conciliation authorities, assessing secretaries, chancellors and vice-chancellors, as well as judicial secretaries of the investigative judiciary, are not considered magistrates or persons performing judicial functions for the purposes of these regulations.

4. **Generic Term "Magistrates"**

In these regulations, the generic term "magistrates" shall be understood as an umbrella term also encompassing persons performing judicial functions.

1 The organs of the Council of the Judiciary are the Plenary Council, the President, and the Vice-President, assisted by a secretariat.

2 The Plenary Council is composed of all the titular members of the Council of the Judiciary or their substitutes in case of impediment. The President may decide to also convene substitutes to the plenary meetings; their vote has consultative value.

3 Special commissions may be created if necessary.

4 The President directs the Plenary Council and the commissions, with the possibility of delegation to the Vice-President or another member.

The Plenary Council exercises all the powers that the law attributes to the Council of the Judiciary and that are not attributed to the President.

The Plenary Council exercises administrative oversight over the judicial authorities in accordance with the LOG and specifically has the following competences

a) to decide to proceed with visits or inspections of the various judicial authorities through a delegation appointed based on the needs and competences of its members;

b) to examine the reports of the judicial authorities;

c) upon ascertaining irregularities in the functioning of a judicial authority, to inform the affected institution and set a deadline to remedy the issue, the failure to comply with which may lead to the opening of an administrative inquiry;

d) to decide on the opening of an administrative inquiry and to issue the decisions it entails;

e) to issue recommendations of general scope, to report and propose to the competent authorities instructions and measures aimed at improving the organization and functioning of the judicial authorities.

The Plenary Council has, among others, the following disciplinary competences

a) to decide on the ex officio opening of a disciplinary investigation and to conduct it, in principle through the President or a delegation thereof;

b) to open and conduct, in principle through the President or a delegation thereof, a disciplinary investigation procedure upon the explicit request of the complainant, if deemed sufficiently founded, or, pursuant to Article 83 paragraph 2 LOG, after their complaint has initially been processed with a presidential decision pursuant to Article 83 paragraph 1 LOG because it was deemed manifestly unfounded;

c) to issue the decision concluding a disciplinary procedure, deciding potentially to impose a disciplinary sanction, including the dismissal of the magistrate;

d) to process manifestly unfounded complaints in exceptional cases where the President deems it appropriate for the decision to be rendered by the plenum and not by the President alone. [1]

[1] Letter introduced by R 4.6.2025; in force from 25.7.2025 - BU 2025, 158.

The Plenary Council brings to the attention of the Grand Council the candidacies of incumbent magistrates who intend to seek re-election to the same office for a further term of appointment, after having personally heard them.

The Plenary Council is also competent for

a) deciding, upon request of the magistrate, about their release from official secrecy;

b) taking a stand on draft laws or issues submitted to it by the Grand Council, the Council of State, or other authorities;

c) overseeing the observance by judicial authorities of the obligation to adhere to the regulations and directives on personnel management issued by the Council of State pursuant to Article 17a of the Law on the Organization of State Employees and Teachers of 15 March 1995 (LORD);

d) preparing and submitting to the Grand Council an annual report on the functioning of cantonal justice;

e) exempting magistrates when, due to physical or mental illness or other causes, they cannot adequately fulfill the duties of their office;

f) formulating the preliminary opinion to the Council of State for the ancillary activities of magistrates pursuant to Article 19 paragraph 4 LOG;

g) collecting, processing, deciding on, or, if necessary, forwarding to the competent authority, reports from employees of judicial authorities or in which magistrates are active pursuant to Article 31a paragraph 3 LORD;

h) adopting precautionary measures within the scope of proceedings falling within its competence; [2]

i) managing all other tasks that the law assigns to the Judicial Council. [3]

[2] Letter amended by R 4.6.2025; in force from 25.7.2025 - BU 2025, 158.

[3] Letter amended by R 4.6.2025; in force from 25.7.2025 - BU 2025, 158.

1 The Plenary Council shall be convened by the President as needed or upon request of at least three members or the assembly of magistrates. It must meet at least twice a year.

2 The convocation shall be made in writing via email with a minimum notice of ten days. In cases of extreme urgency, convocation is also possible by telephone and with shorter notice.

3 The convocation, in addition to the venue, date, and time of the meeting, must also indicate the agenda. Necessary documents shall be attached or made available according to the instructions provided with the convocation.

4 Meetings shall normally take place in person. However, it is possible to proceed remotely.

5 Should an ordinary member be unable to attend, they must promptly notify the President, who shall proceed to summon a substitute.

6 Substitutes may also be summoned by the President even if no ordinary member has announced their absence.

1. The Plenary Council deliberates with a full complement (Art. 85 para. 1 LOG).

2. In principle, especially for urgent matters or matters of limited importance, the Plenary Council may decide by circulation, unless one of the ordinary members objects and requests a meeting.

3. Deliberations by circulation are also taken with a full complement.

4. All decisions are taken by a simple majority of those voting. In the event of a tie, the President's vote counts double.

5. In exceptional cases and for serious reasons, a decision may also be taken without all members (or substitutes) of the Plenary Council having expressed their opinion, provided that there are at least 4 votes in favor.

6. Optionally convened substitute members and the legal secretary have an advisory vote.

1. If a member has been validly challenged or has recused themselves, they must be replaced by an alternate.

2. If the challenge or recusal concerns only one agenda item, the replacement must be provided for only the handling of that item.

3. The challenge and recusal procedure is governed by Article 49.

1 The members elected by the assembly of magistrates must primarily be replaced by substitute members appointed by the same; the members elected by the Grand Council must be replaced by substitute members appointed by the latter.

2 Should no substitute from one category be available, a member from the other category may be utilized.

3 In exceptional cases where an ordinary member cannot be replaced by any substitute, the full Council may deliberate nonetheless, provided there are at least four affirmative votes.

4 The designation of the substitute falls to the President.

1 The Plenary Council may decide on the temporary precautionary suspension of one of its members who is the subject of criminal proceedings when the circumstances and the gravity of the alleged offense justify it.

2 A member of the Judicial Council who is the subject of criminal proceedings may submit a written declaration to the Plenary Council requesting their suspension and stating their intention to immediately abstain from any activity within the Council.

3 The Plenary Council shall promptly decide on the request for suspension.

4 In the event of a rejection of the request for suspension, the member must immediately resume active participation within the Judicial Council.

1 Every meeting shall be minuted.

2 The minutes must indicate the place, date, and duration of the meeting, the names of those present, the topics discussed, and the decisions taken, including the outcome of the votes.

3 At the request of one of the members and with the agreement of all those present, the minutes shall also briefly record the content of the discussions or parts thereof. Each member or substitute may request the minuting, respectively the rectification, of their statements.

4 The minutes shall be signed by their drafter and by the President.

1 The President has, in particular, the following duties

a) to ensure the proper functioning of the Judicial Council and the execution of its decisions;

b) to convene plenary sessions, prepare the agenda, designate any substitutes, and direct deliberations;

c) to manage current affairs and adopt necessary measures in urgent cases;

d) to adopt organizational measures for administrative oversight by the Plenary Council, in particular, to request documents, organize visits and hearings;

e) to dismiss manifestly unfounded complaints, giving notice thereof to the magistrate concerned, the complainant, and the other members of the Judicial Council (Art. 83 LOG);

f) to adopt precautionary measures;

g) to prepare the decisions and reports of the Judicial Council;

h) to represent the Judicial Council before authorities and third parties, with the power to be accompanied by other members;

i) to manage the Judicial Council's relations with the media;

l) to appoint staff recognized by the Judicial Council.

2 The President may delegate some duties, in specific cases, to other titular or substitute members of the Judicial Council.

The President regularly informs the full Board about his activities.

In the event of an impediment, the President shall be replaced by the Vice-President, who, in turn, for similar reasons, may be substituted by another member or alternate designated by the President, or failing that, by the Vice-President, or in case of impossibility, by the Plenary Council.

1 The President and the Plenary Council are assisted by a legal secretariat composed of at least one clerk.

2 The legal secretariat may sign certain acts or documents upon delegation from the President.

3 The legal secretariat is responsible for minuting, either personally or by delegating to third parties, the meetings, sittings, and hearings.

4 The legal secretariat is responsible, among other things, for preparing draft decisions at the request of the President, as well as assisting the latter in the preparation of annual reports and all other types of reports or statements of position.

1 In principle, the legal secretariat also handles administrative secretarial duties, unless such tasks have been delegated to a third party, who is also subject to the President's directives.

2 The main administrative tasks consist of collecting and preparing the necessary documentation for the discussions of the Plenary Council, organizing meetings, managing incoming and outgoing correspondence, as well as telephone calls and relations with third parties.

3 The administrative secretariat is responsible for the storage and archiving of files.

4 It also manages internet publications and correspondence with members.

1 The Judicial Council exercises administrative oversight through

a) the examination of annual reports from judicial authorities;

b) visits to judicial authorities as needed, but at least once per term of office;

c) the examination and decision on written reports concerning the functioning of a judicial authority.

2 If necessary, it may, after having informed the judicial authority concerned

a) proceed to hear the magistrates or personnel involved;

b) consult all documents useful for the exercise of its mandate, unless overriding public or private interests oppose it.

The President examines the annual reports of the judicial authorities, with the power to request supplementary documentation from them. The annual reports of the individual judicial authorities are attached to the annual account of the Council of the Judiciary, which is submitted to the Plenary Council, which also has the power to request supplementary information.

1 Official visits to judicial authorities are decided by the President or the Plenary Council. As a rule, they are carried out by the President himself or by a delegation chosen by the President with the approval of the Plenary Council, with the right for each member to participate upon their explicit request.

2 The Plenary Council establishes the topics it intends to address during such visits and informs the judicial authority in question, indicating who will be part of the delegation tasked with the visit.

3 At the end of the visit, a written report must in principle be prepared, to be submitted to the visited judicial authority and the Plenary Council. In the absence of a written report, the delegation responsible for the visit shall orally inform the colleagues of the Council of the Judiciary of its outcome during the following plenary meeting.

1 If serious dysfunctions in the activity of a judicial authority are observed, they must be discussed by the Plenary Council, which must then inform the judicial authority in question, give it the opportunity to state its position, and finally set a deadline for remedying them.

**2 Should this deadline expire without success and the malfunctions persist, the Plenary Council may open an administrative inquiry to ascertain the facts, either through its own members or, if necessary, by appointing an external expert. The judicial authority in question must be heard.**

**3 The appointed members or the external expert may consult the files, subject to prior notification and request to the judicial authority in question, which is obliged to cooperate, except in cases where a preponderant public or private interest opposes it. In such an event, at the request of the judicial authority involved, the Plenary Council must decide whether to maintain the request for consultation or waive it.**

**4 At the end of the procedure, a report shall be prepared for the attention of the Plenary Council.**

The recommendations, reports, and proposals to the various judicial or political authorities are preventively submitted by the President to the Plenary Council and, once their approval has been obtained, are presented by the President himself to the interested authority.

Decisions in the area of administrative oversight are taken, by majority, by the Plenary Council, including those to proceed with recommendations, referrals, and proposals, in principle at the request of the President.

1 The Council of the Judiciary is responsible for disciplinary oversight of all magistrates in accordance with Article 4.

2 Disciplinary proceedings pursuant to Article 81 of the LOG may be initiated *ex officio* by the Council of the Judiciary or upon a written and reasoned report from an authority or a third party.

3 The reporting party is not a party to the proceedings.

1 Every report made to the Judicial Council is preliminarily examined by the President.

2 The President, in the context of gathering the necessary preliminary information, assesses whether a statement from the magistrate in question is necessary. Should they conclude that it is necessary, they inform the magistrate and invite them to determine their position within a reasonable timeframe; if present, they transmit a copy of the report to the magistrate.

3 If the report is not manifestly unfounded, the President informs the plenary Council, which decides whether to open disciplinary proceedings. If, on the other hand, it decides not to open disciplinary proceedings, the file is formally struck from the register by the President or the Council. [4]

4 The *ex officio* initiation of disciplinary proceedings may be proposed by the President or by one of the members, titular or substitute, of the Council and is handled in application of paragraphs 2 and 3, provided that any request for a statement from the magistrate in question must be accompanied by a written description of the alleged charges.

5 The Plenum is competent to adopt the necessary precautionary measures. In urgent situations, the decision may be taken by the President, but must then be submitted to the Plenum without delay for ratification. [5]

6 The necessity of making a report to the Public Prosecutor's Office for suspected criminal offenses is reserved.

[4] Para. amended by R 4.6.2025; in force from 25.7.2025 - BU 2025, 158.

[5] Para. amended by R 4.6.2025; in force from 25.7.2025 - BU 2025, 158.

1. If the report is manifestly unfounded, the President may declare it inadmissible with a succinctly reasoned decision, instructing the reporting party and informing the reported magistrate and the Plenary Council. For reasons of expediency, the President may exceptionally refrain from informing the magistrate.

2. The presidential decision of inadmissibility must indicate that the reporting party has the option to request, within a period of ten days, that their complaint be submitted to the judgment of the Plenary Council, with the warning that, in case of confirmation of the presidential decision, a court fee of up to 2,000 francs may be applied. In such an event, the reporting party may be asked to pay an advance, with the warning that in case of non-payment, the procedure will be removed from the register.

3. For presidential decisions of inadmissibility, an amount between 50 and 200 francs may be charged to the reporting party to cover procedural costs.

4. If circumstances require, the decision regarding manifestly unfounded reports may be taken, at the President's request, directly by the plenum. [6]

[6] Para. introduced by R 4.6.2025; in force since 25.7.2025 - BU 2025, 158.

[7] 1 If the Plenary Council decides to open disciplinary proceedings, after having acquired the necessary preliminary information, it must inform the magistrate concerned, as well as the management of the judicial authority in which he operates, making the acquired documentation available to the magistrate and setting a deadline for his observations, respectively for requesting the taking of evidence or for being heard in person.

2 If the facts are disputed, the Plenary Council decides on the evidence notified and the request to be heard in person and, if necessary, designates one or more members tasked with investigating the case.

3 …

4 …

5 …

6 Upon completion of the investigation, the magistrate subject to the procedure is called upon to formulate his conclusions within a period of 10 days, extendable only in exceptional circumstances.

7 The procedure is suspended in the event of non-re-election or resignation of the magistrate concerned, subject to the provisions of Article 86 LOG. It is reactivated if the person concerned is elected to a new judicial office.

[7] Art. amended by R 4.6.2025; in force from 25.7.2025 - BU 2025, 158.

1 The plenary Council's decision regarding disciplinary proceedings is taken by majority vote.

2 The reasoned decision must be drafted by the President with the assistance of the legal secretariat, or by a member appointed by the President, after informing the plenary Council, and must be signed by the President, with the possibility of delegation to the Vice-President or, subsidiarily, to another member in case of impediment.

3 The decision may provide for the allocation of fees and expenses to one of the parties or to the complainant if there are well-founded reasons. For quantification, the Administrative Procedure Law of September 24, 2013 (LPAmm) applies by analogy.

4 The decision must be notified to the magistrate, the Council of State and, if they are not popularly elected magistrates, to the Grand Council, through its President. It is also notified to the complainant, if applicable in the form of an extract.

5 The disciplinary decision must contain information regarding the avenues of appeal.

1 The President, after informing the other members and the complainant, may reject and close without formality reports concerning a matter that has already been the subject of unsuccessful reports to the Judicial Council, made by the same person, and which are manifestly vexatious.

2 In cases of bad faith, the complainant may be charged an amount between 100 and 1,000 francs to cover procedural costs.

1. The Council of the Judiciary shall submit a report to the Grand Council with its opinion on the candidacies for the renewal of office of those already holding a position subject to its supervision (Art. 79 para. 2 lit. f of the Judicial System Act).

2. The opinion must indicate the position of the Council of the Judiciary on each magistrate's candidacy, accompanied by the relevant reasoning.

3. The opinion must also indicate whether a magistrate has been subject to a sanction and for what reason, or whether disciplinary proceedings are ongoing against them and for what reason.

The pre-notification procedure begins with the Grand Council communicating to the Judicial Council the names of the candidates seeking re-election for a new term.

1. **Candidate Assessment**

The candidate's assessment is based on personal qualities and professional suitability for the role. Both quantitative and qualitative elements are considered; the latter must take into account professional, operational, personal, and social competencies, in addition to aptitudes and management and leadership skills for positions that require them.

2. **Preliminary Review of Candidacies**

The Judicial Council conducts a preliminary review of candidacies. Upon the request of at least two members, it proceeds with further inquiries.

3. **Information Gathering and Consultation**

The Judicial Council obtains all information and avails itself of such consultations as it deems necessary for the candidate's assessment. The assessment may not be based on anonymous sources, hearsay, or informal reports.

4. **Interview Requirement for Re-election**

The Plenary Council must, in principle, interview every magistrate seeking re-election to office. The key elements of this interview must be recorded in minutes signed immediately by the magistrate and those present.

5. **Waiver of Official Secrecy**

The magistrate may not invoke official secrecy against the Judicial Council regarding judicial dossiers of which they are or have been in charge.

6. **Delegation of Inquiry and Information Gathering**

The Plenary Council may delegate the instruction and collection of elements to the President or its members.

1 If a negative preliminary assessment is anticipated, the Council shall communicate it to the candidate, granting a brief period for the candidate to submit their observations or any requests for additional investigative measures. [8]

2 The candidate may attach documents or request the acquisition of other means of proof if these do not considerably delay the course of the procedure.

3 The Plenary Council shall decide on requests for additional investigative measures and whether to conduct further exchanges of submissions.

4 The Plenary Council shall establish the modalities and order of the hearings, which shall be minuted or recorded. The magistrate may submit acts or written pleadings up to seven days before the hearing. [9]

5 Should the Plenary Council ultimately decide to issue a negative preliminary assessment of an incumbent magistrate's candidacy, before transmitting the definitive report to the Grand Council, it must notify the person concerned, granting them the opportunity to submit a written statement within a brief period and to append their observations to the official report for the attention of the Grand Council. Their possibility to withdraw the candidacy in accordance with Article 39 paragraph 2 remains reserved. [10]

[8] Par. amended by R of 4.6.2025; in force since 25.7.2025 - BU 2025, 158.

[9] Par. amended by R of 4.6.2025; in force since 25.7.2025 - BU 2025, 158.

[10] Par. amended by R of 4.6.2025; in force since 25.7.2025 - BU 2025, 158.

1 The Plenary Council decides by majority vote on preliminary opinions in ordinary composition and in plenary session. Substitutes replace ordinary members who are absent, recused, or subject to legal impediment.

2 Each member expresses their own preliminary opinion on each candidate. Abstention is excluded.

3 For each individual candidacy, an evaluation is expressed based on the criteria referred to in Article 36.

4 Facts ascertained in disciplinary proceedings, regardless of the outcome of the procedure, are subject to independent evaluation by the Plenary Council also in the preliminary opinion procedure.

1 The pre-notices must be succinctly reasoned, considering that negative ones must also indicate the investigations carried out.

2 In the event of a negative pre-notice, advance communication is given to the interested candidate, inviting them to declare, within three days, whether they intend to maintain or withdraw their candidacy.

3 Positive and negative pre-notices, with the exception of those from magistrates who have withdrawn their candidacy, must be simultaneously transmitted to the Grand Council and to the candidate magistrates. [11]

[11] Para. amended by R 4.6.2025; in force from 25.7.2025 - BU 2025, 158.

Access to the records may be granted, upon its explicit request, to the Justice and Rights Committee of the Grand Council, only if the magistrate concerned consents to it.

1 The procedure for a magistrate's release from official secrecy begins upon their motivated request.

2 The decision, if favorable, must precisely indicate the limits of the release.

When, due to physical or mental illness or for other causes, a magistrate is unable to conveniently fulfill the duties of the office, upon request of the interested party or ex officio, the Plenary Council evaluates and decides on the exemption of a magistrate, applying by analogy the procedure provided for in articles 31 and 32.

1. Upon request of the interested party or the Council of State, the Plenary Council evaluates and provides an opinion on the exercise of accessory activities by magistrates.

2. A negative decision may only be rendered after having heard the magistrate concerned. The opinion must state the reasons on which it is based.

1. Whistleblower reports from employees of judicial authorities, or in which judges under Article 31a paragraph 3 LORD are active, shall be collected by the President and processed by applying the provisions of the disciplinary supervisory procedure in accordance with Articles 28 et seq. of these regulations. If the persons reported are not judges, the file shall finally be transmitted to the appointing authority in accordance with Article 34 LORD.

2. In the event of a report, in accordance with Article 31a paragraph 1 LORD, concerning the commission of an officially prosecutable crime or offence, the Judicial Council must promptly report the matter to the criminal prosecution authorities.

3. Reports must be treated confidentially.

Any other type of decision concerning magistrates not expressly regulated by these Regulations must be taken, upon application by a party or ex officio, with respect for the right of the parties to be heard, by analogous application of the principles governing Articles 31 and 32.

1 The President prepares, possibly after consulting with the members of the Plenary Council, the draft annual reports and positions of the Judicial Council, as well as the necessary documentation, which he then submits to the Plenary Council for approval.

2 The Judicial Council ensures that the identity of sanctioned persons or those subject to disciplinary proceedings, as well as all those involved therein, cannot be recognized by the public.

The Judicial Council transmits to the Grand Council, if applicable through the State Council, an annual report on the state of the cantonal judiciary and on its own activity, which is then made public through publication on the Canton's internet pages dedicated to the Judicial Council.

1 Deliberations, minutes, working documents and other documents of the Judicial Council are confidential.

**2 The members of the Judicial Council, their substitutes, and all those who collaborate with it are bound by official and functional secrecy.**

**3 The members of the Judicial Council and the persons collaborating with it are required to respect the President's competences regarding public information and the representation of the Council itself before authorities and third parties.**

**4 The Judicial Council may release its members from official secrecy if circumstances require or justify it.**

1 The Plenary Council decides on requests for the recusal of one or more of its members, without the member subject to recusal and by supplementing with substitutes. If the recusal concerns all components of the Plenary Council, the request is referred for decision to the competent authority indicated by the LOG.

2 Each member of the Plenary Council must inform the President if there are well-founded reasons to assume the existence of a ground for recusal against them and voluntarily abstains if they believe the ground exists or for serious reasons of expediency.

3 For recusal, the provisions of the Swiss Code of Civil Procedure (Art. 47 et seq.) apply by analogy.

4 The recused or excluded member does not participate in deliberations and does not receive any documentation regarding the procedure in question.

5 The rules on recusal and exclusion apply by analogy to the components of the secretariat of the Judicial Council and to external experts.

6 The principles of recusal and exclusion must be recognised and applied in all fields of activity of the Judicial Council, not only for administrative and disciplinary procedures.

Where not expressly provided for in these Regulations, the provisions of the Law on Administrative Procedure of September 24, 2013, and the Law on Judicial Organization of May 10, 2006, shall apply.

The present regulation, approved on November 10, 2023, by the Plenary Council, enters into force on March 1, 2024.

Transitional provision of the amendment of June 4, 2025 [12]

The new provisions apply to procedures pending at the time the amendment enters into force.

Published in BU 2024, 57.

[12] Transitional provision introduced by R 4.6.2025; in force since 25.7.2025 - BU 2025, 158.