Art. 35 Judicial Organisation Act (LOJ) - Disqualification

1. For the handling of a recusal request, the following authorities are responsible, depending on who the request is directed against

a) Against a municipal judge: the vice municipal judge or another municipal judge designated by the district judge of their seat;

b) Against a first-instance judge or a first-instance substitute judge: another first-instance judge or a first-instance substitute judge designated by the President of the Cantonal Court;

c) Against a cantonal judge: the President of the Cantonal Court;

d) Against the President of the Cantonal Court: the Vice President of the Cantonal Court;

e) * Against the President and the Vice President of the Cantonal Court: the most senior cantonal judge who is not affected by a reason for recusal;

f) * Against an associate judge: the President of the Cantonal Court.

2. The recusal decision concerning a municipal judge or a first-instance judge is subject to appeal to the President of the Cantonal Court. The President decides on the matter under consideration in accordance with the provisions of civil or criminal procedure law or administrative procedure law.

3. Reservations are as follows

a) * ...

b) Article 21, paragraphs 2 and 3 of the present law, if recusal is requested by all members of the Cantonal Court;

c) Article 22 of the present law, if an appeal is lodged against the recusal decision concerning a cantonal judge, the President, or the Vice President of the Cantonal Court.

4. Article 21, paragraphs 2 and 3 are applied analogously if recusal is requested by all members of the Police Court.

← Art. 34a RPflG Judicial Organisation Act (LOJ) - Purpose Art. 36 RPflG - Secretariat →