Court Organisation Act (GOG) - Scope of Application (GOG)

1. This law applies to the courts, the judges, and the additional staff of the courts and the judicial administration.

1. Judges and all other court employees and judicial administration staff are obligated to maintain official secrecy.

1. Judges decide as individual judges where this is stipulated by law.

2. The conciliation authorities for rent and lease are composed of three judges.

3. The conciliation board for equality issues is composed of three judges.

4. The district courts are composed of

a) three judges as the juvenile court and family court (child and adult protection),

b) five judges in all other cases of the collegiate court.

5. The specialized administrative court is composed of three judges or, in special cases, with five judges.

6. The superior court is composed of

a) three judges as the civil court, criminal court, and insurance court,

b) five judges or, in cases where the dispute value does not reach the amount prescribed for the admissibility of an appeal in civil cases to the federal court, three judges as the commercial court,

c) three judges or, in special cases, with five judges as the administrative court.

7. The judicial court is composed of three judges.

1. The panel must be fully constituted in order to deliberate, discuss, and make decisions.

2. With the consent of the parties, an exception can be made allowing a panel that is not fully constituted to deliberate.

3. Provisions of procedural law remain reserved.

1. If the composition of the court changes during the duration of the proceedings, the parties must be notified thereof.

1. Judges are obligated to cast their vote in all deliberations.

2. The majority of votes shall decide.

1. The courts may decide by circular resolution.

2. Circular resolutions require unanimity. Each judge may request an oral deliberation.

3. Provisions of procedural law remain reserved.

1. The proceedings before the courts, including the announcement of the judgment, are public.

2. The deliberations are confidential.

3. Visual and audio recordings of court proceedings, as well as within the courthouse, are prohibited without the court's permission. Violations may be punished with a fine of up to CHF 500.

4. Provisions of federal law remain reserved.

1. Media Reports on Court Proceedings Must Be Objective and Not Unnecessarily Expose Anyone

Media reports on court proceedings must be objective and should not unnecessarily expose or stigmatize any individual.

2. Obligation to Publish Corrections Ordered by the Court

The media are obligated to publish a correction of their reporting, as ordered and formulated by the competent court.

3. Consequences for Violating Reporting Rules

Court reporters who violate the rules established for reporting may be excluded from public hearings of the courts of the canton by decision of the judicial authority.

1. The courts publish their precedent-setting decisions.

2. The publication is generally made in anonymized form.

3. The judicial administration regulates the principles of informing the public about ongoing proceedings, as well as the publication of decisions in regulations.

1. Jurisdiction is exercised by full-time and part-time judges, as well as by specialist judges for child and adult protection.

2. Full-time judges include

a) Senior Judges,

b) Section Presidents of the Special Administrative Court,

c) Presidents of the District Courts,

d) Presidents of the Mediation Authorities for Tenancy and Lease.

3. Part-time judges include

a) Judges of the Judicial Court,

b) Specialist Judges,

c) Substitute Judges,

d) District Judges,

e) The President and members of the Conciliation Board for Equality Matters, members of the Mediation Authorities for Tenancy and Lease, and Justices of the Peace.

4. Specialist judges for child and adult protection may serve in full- or part-time capacities, or as part-time judges.

1. The Grand Council establishes the total number of full-time judges for the Supreme Court, the Specialized Administrative Court, and the entirety of the district courts.

2. Upon the proposal of the Judicial Administration, the competent committee of the Grand Council determines the individual workloads of the full-time judges as well as the number of part-time judges for the Supreme Court and the Specialized Administrative Court.

3. The Judicial Administration allocates the total workload among the individual district courts and determines the workloads of the individual district court presidents.

4. The Judicial Administration determines the number of the other judges in a regulation.

1. Eligible for election as a judge are those who have the right to vote.

2. A minimum of five years of legal practice must precede the election to a full-time judge position.

3. The following must hold a lawyer's license

a) full-time judges,

b) substitute judges at the High Court.

4. Judges of the Judicial Court must possess a legal university degree (lic. iur. or Master's).

5. Specialist judges must possess particular knowledge relevant to the respective departments and chambers.

6. Specialist judges in child and adult protection must have specific knowledge in psychology, social work, or another relevant area for child and adult protection.

7. Specialist judges of the Labor Court must be comprised equally of employers and employees. Senior employees (such as directors, plant managers, executive officers, attorneys-in-fact, etc.) are considered employers. The most important professional groups should be represented in the court as both employers and employees. A balanced representation of both genders should be sought.

8. Specialist judges of the Commercial Court are composed of representatives from major trade, industry, and business sectors.

9. Full-time judges and judges elected by the Grand Council or the Government Council must not have been criminally convicted of an act incompatible with the judging profession, unless such conviction no longer appears in the private extract from the criminal record.

1. The verification of eligibility criteria for Presidents of District Courts is conducted by the judicial administration upon receipt of the application.

2. If the eligibility criteria are not met, the judicial administration issues an appealable decision.

3. Appeals against the result of the verification of eligibility criteria must be submitted to the Judicial Court within 3 days from the delivery of the decision or from the publication of the candidacy, which will decide on the appeals without delay. The electoral appeal pursuant to § 65 of the Law on Political Rights (LPR) of March 10, 1992, is only permissible due to violations of voting rights according to §§ 3, 4, 7, and 17 LPR.

4. The appeal only has suspensive effect if it is ordered by the appellate authority upon request or ex officio.

**1. The Electorate Elects**

a) Justices of the Peace,

b) District Court Presidents as well as District Court Judges.

**2. The Grand Council Elects**

a) the President and the Judges of the Judicial Court,

b) the President and the Vice President of the Supreme Court,

c) the other voting members of the Judicial Administration,

d) the Supreme Court Judges as well as the part-time Judges of the Supreme Court,

e) the President and the Judges of the Administrative Court,

f) the President and the Judges of the Commercial Court,

g) the Division Presidents and the part-time Judges of the Special Administrative Court.

**3. The Government Council Elects**

a) the President and the Members of the Conciliation Board for Equality Issues,

b) the Presidents and the Members of the Conciliation Authorities for Rent and Lease,

c) the Expert Judges of the Labor Courts and for Child and Adult Protection.

**4. The full-time Members of the District Court Select**

from the circle of District Court Judges and the Expert Judges for Child and Adult Protection, who work full or part time, the Expert Judges of the Juvenile Court.

**5. The Right to Nominate Candidates Belongs to**

a) the corporate representations of trade, industry, and commerce for the Expert Judges of the Commercial Court,

b) the cantonal employee and employer associations for the Expert Judges of the Labor Courts as well as the Members of the Conciliation Board for Equality Issues,

c) the cantonal tenant and landlord associations for the members of the conciliation authorities for rent and lease to be elected on a parity basis.

**6. The Grand Council and the Government Council Can Request**

from the Judges to be elected by them, prior to the election, information particularly about pending criminal proceedings domestically and abroad, domestic and foreign criminal judgments, pending administrative measures in road traffic domestically and abroad, driver's license withdrawals, and debt enforcement proceedings.

1. The Grand Council administers the oath to the judges it has elected.

2. The Supervisory Commission administers the oath to the other elected judges.

1. Judges must reside in the canton from the commencement of their office for the entire duration of their term. This requirement does not apply to judges of the Judicial Court.

2. Exceptions to the residency requirement for part-time judges at cantonal courts and for part-time specialized judges in child and adult protection are granted by

a) the Grand Council or the Executive Council at the time of election,

b) the judicial administration during the term of office.

1. The term of office for judges is four years.

1. Full-time judges and specialized judges for child and adult protection, whether working in full or part-time capacities, shall retire at the end of the month in which they reach the age of 65.

2. Part-time judges may hold office until they reach the age of 70.

3. There is no age limit for judges of the judicial court.

1. Early Retirement and Compensation for Non-Reelection of Full-time Judges is regulated by the Grand Council through a decree.

1. Judges are independent and subject only to the law and justice.

1. Judges exercise their office with restraint and humanity.

2. They assist an unrepresented party while maintaining their impartiality.

1. Judges conduct the proceedings efficiently and prudently.

1. Judges shall preserve the confidentiality of deliberations.

2. The courts are authorized to include dissenting opinions of judges in the deliberations of the judgment.

1. Judges refrain from engaging in extracurricular activities that may jeopardize judicial independence or contravene their official duties.

2. Full-time judges and specialized judges in child and adult protection, whether working full or part-time, are prohibited from engaging in paid secondary employment that, combined with their judicial duties, exceeds a full-time commitment. Exceptions require approval by the judicial authorities. Practicing as an attorney is prohibited for full-time judges and specialized judges in child and adult protection, whether full or part-time, in the canton of Aargau.

3. Part-time judges are not permitted to act as legal representatives before the division of the court to which they belong or before the district court or the arbitration authority for tenancy or lease to which they belong.

4. Part-time judges of the higher court (Oberrichterinnen and Oberrichter) may, upon request by the judicial authorities and with the approval of the relevant Committee of the Grand Council, be appointed as substitute judges at the higher court. The relevant Committee of the Grand Council determines the extent of their appointment.

1. Upon taking office, judges inform the judicial administration about

a) their professional activities and their employers,

b) their involvement in management and supervisory bodies of corporations, institutions, and foundations under private and public law.

2. Changes are recorded by the judicial administration at the beginning of each judicial year.

3. The register of interests is public.

1. Part-time judges must recuse themselves in proceedings where attorneys from their law firm association appear as party representatives.

1. Judges are subject to supervision only insofar as their independence is not compromised.

2. If there are indications of a breach of duty, disciplinary proceedings must be initiated against the judge in question.

3. Disciplinary measures include a reprimand, a fine of up to CHF 5,000, temporary suspension from office, or removal from office. Suspension from office may be accompanied by a reduction in salary or the withholding of salary. In the event of a decision after the end of the term of office, the cessation of salary continuation and a repayment of the same may be ordered.

4. Removal from office is permissible if the judge

a) has seriously breached official duties intentionally or through gross negligence,

b) has permanently lost the ability to perform the duties of the office,

c) has been criminally convicted for an act incompatible with the profession of judge, unless this conviction no longer appears in the extract from the criminal record,

d) no longer meets the residency requirement according to § 16 para. 1.

5. Judges must promptly inform the judicial administration of any criminal convictions that occur during their term and lead to an entry in the private extract from the criminal record.

6. Judges elected on a part-time basis by the public must promptly submit a private extract from the criminal record to the judicial administration after their election.

7. During the term of office, the judicial administration may require judges to provide information on pending criminal proceedings domestically and abroad, domestic and foreign criminal judgments, pending administrative measures in road traffic domestically and abroad, driving license withdrawals, and debt enforcements.

1. The criminal prosecution of judges for crimes or offenses committed in office requires authorization by the Grand Council.

1. The provisions of personnel legislation apply mutatis mutandis to the employment relationships of judges, unless this law provides otherwise.

1. The administration of justice is the responsibility of the courts.

2. It is carried out by

a) the judiciary leadership,

b) the management of the Superior Court and the presiding judges of the Special Administrative Court, the Coercive Measures Court, and the District Courts,

c) the Judicial Court.

1. **The Judicial Administration** is the highest governing body of the courts and the administration of justice. It supervises the courts as well as judges at all levels, with the exception of the judicial court.

2. **It ensures the planning, budgeting, and reporting as part of the legislation concerning the results-oriented management of tasks and finances**, takes all necessary measures to ensure the proper functioning of operations and the achievement of objectives, and issues the necessary regulations pursuant to § 97 para. 5 of the Cantonal Constitution.

3. **It appoints the Supervisory Commission for the oversight of judges.**

4. **The voting members of the Judicial Administration appoint the Secretary General of Justice.**

5. **The Judicial Administration ensures adequate and professional training for the members of the courts.**

1. The Judicial Leadership consists of the President and the Vice President of the Supreme Court, an additional Supreme Court Judge, two District Court Presidents, as well as substitute members in equal number and distribution.

2. The substitute members represent the members of the respective court to which they belong.

3. The chair is held by the President of the Supreme Court. The Vice President of the Supreme Court serves as the deputy.

1. Full-time members of the Higher Court, as well as the Presidents of the District Courts, have the right to make proposals for their representation in the judicial administration.

1. The judicial authority must be fully constituted in order to make decisions. In the event of a tie, the presiding person has the casting vote. In urgent cases, presidential decisions are permissible.

2. It is authorized to delegate tasks to individual members or the Secretary General of Justice for decision-making.

1. The General Secretariat of the Courts is the administrative office of the Judiciary Leadership. It is headed by the Secretary General of the Courts.

2. The Secretary General of the Courts is a member of the Judiciary Leadership with an advisory vote and the right to propose motions. He or she prepares the affairs of the Judiciary Leadership and implements their resolutions.

3. He or she supports the Supervisory Commission, the Executive Board of the Supreme Court, the presiding judges of the Specialized Administrative Court, the Compulsory Measures Court, as well as the District Courts and the Bar Commission.

4. The General Secretariat of the Courts decides on applications for waiver of costs concerning legally imposed court fees. Its decisions can be appealed to the Administrative Court.

1. The Supervisory Commission consists of three senior judges and three substitute members.

2. It exercises oversight over the judges of the Superior Court, the Specialized Administrative Court, the Coercive Measures Court, the Conciliation Board for Equality Issues, as well as the judges at the District Courts, and exerts higher supervision over the justices of the peace and the members of the Conciliation Authorities for Tenancy and Leases.

3. It may issue a reprimand or an administrative fine as disciplinary measures or recommend further disciplinary measures to the judiciary management for submission to the Judicial Court.

1. In the rules of procedure of the district courts, a district court president is to be designated, who shall exercise supervision over the justices of the peace as well as the members of the conciliation authorities for rental and lease matters.

2. The district court president may submit a request for disciplinary measures to the supervisory commission.

1. The management of the Supreme Court consists of the President and the Vice President of the Supreme Court, as well as one representative from each division, elected by all full-time judges of the Supreme Court.

2. The full-time judges of the Specialized Administrative Court, the Coercive Measures Court, and the District Courts elect from among themselves an executive president and their deputy, following the approval of candidacy by the Judicial Authority.

3. If an election is not held, the executive president is appointed by the Judicial Authority.

**1. The Management of the Higher Court and the Executive Presidents of the Special Administrative Court, the Compulsory Measures Court, and the District Courts are responsible for the proper operation of the court they preside over. They coordinate their activities with the Judicial Administration.**

**2. They are particularly responsible for:**

a) the use of operational resources within the framework of the predetermined budget,

b) the hiring of staff,

c) deadline management and deadline monitoring,

d) case distribution,

e) the fulfillment of duties by judges, court clerks, and the court office,

f) the execution of decisions by the Judicial Administration.

**3. The Management of the Higher Court and the full-time judges of the respective court issue internal regulations that specifically determine the internal organization, the assignment of judges, and the material competence within the court. These internal regulations are to be submitted to the Judicial Administration for approval.**

**1. The Judicial Court Decides**

a) as the sole cantonal instance on the temporary suspension from office or the removal from office of judges,

b) on appeals against disciplinary decisions of the Supervisory Commission,

c) disciplinary cases submitted to it by the Judicial Authority or the competent committee of the Grand Council,

d) disciplinary cases of members of the Bar Commission,

e) on appeals against decisions of the Higher Court concerning requests for recusal, insofar as the appeal to the Federal Supreme Court requires a decision from a cantonal appellate instance,

f) on appeals against decisions of the Judicial Authority, insofar as these are contestable according to Art. 29a of the Federal Constitution,

g) on appeals against decisions concerning severance pay according to § 19.

2. Complaints may be lodged at any time with the Judicial Court due to denial of justice or delay in justice by the Judicial Authority.

3. The Judicial Court decides in the final instance and with full cognition. Moreover, the provisions on administrative legal proceedings apply mutatis mutandis.

1. The Court of Justice is composed of three judges and three substitute members.

1. Each district shall have at least two Justices of the Peace.

2. Each region shall provide for

a) a Mediation Authority for Rent and Lease,

b) at least one President of the District Court,

c) a District Court.

3. The cantonal judicial authorities include

a) the Conciliation Office for Equality Issues,

b) the Compulsory Measures Court,

c) the Specialized Administrative Court,

d) the Superior Court,

e) the Court of Justice.

1. Justices of the Peace choose their location within their district.

2. The location of the district court authorities is at the respective district capital.

3. The location of the Higher Court, the Special Administrative Court, and the Conciliation Board for Equality Issues is in Aarau.

4. The location of the Coercive Measures Court is at the respective location of the District Court, whose District Court President is in charge of the administration.

1. The district courts, the coercive measures court, the special administrative court, and the superior court employ court clerks.

2. Court clerks must hold a law degree (lic. iur. or Master's).

3. The management may involve legal trainees or office staff for minute-taking as deputies for the court clerks.

1. Court clerks prepare reports, record the minutes during proceedings, have an advisory voice in decision-making, and draft and edit decisions.

1. The justice of the peace acts as a single judge.

2. The district court presidents responsible for supervision appoint an executive justice of the peace and a deputy for each district in their jurisdiction.

1. Justices of the Peace from the same district shall mutually represent each other. If this is not possible, their supervising authority shall appoint a Justice of the Peace from another district within the region.

2. If representation by a Justice of the Peace from another district within the region is not possible, the judicial administration shall appoint a Justice of the Peace from another region.

1. The municipalities within the district shall provide a suitable venue free of charge for the negotiations.

1. The Arbitration Authorities for Rent and Lease consist of the President and six to ten additional members. They are administratively affiliated with the district courts as independent authorities.

1. Presidents represent each other across the entire canton.

2. The judiciary leadership may assign additional conciliators from conciliation authorities for rent and lease from other districts to a conciliation authority for rent and lease in the event of an extraordinary workload or if several of its members are recused.

1. Presidents of district courts shall represent one another. In courts with only one district court president, representation shall be carried out by the vice president, as specified in the court's internal regulations.

2. Representation of district court presidents by district judges specified in the district court's internal regulations is permissible.

3. If representation according to paragraphs 1 and 2 is not possible, short-term representation will be provided, upon approval by the judiciary administration, by district court presidents from other districts, while long-term representation will be arranged by the temporary election of extraordinary district court presidents by the Grand Council.

1. The District Court is divided into the divisions of Civil Court, Criminal Court, Labor Court, Juvenile Court, and Family Court.

2. The presidents of the divisions are designated in the rules of procedure.

1. District judges of the same court shall substitute for each other.

2. The judicial administration may assign additional judges or court clerks from other district courts to a district court in cases of extraordinary caseload or recusal of several or all of its judges or court clerks.

1. Civil and Criminal Court Composition: The civil and criminal courts are composed of district court presidents as presidents, potentially vice presidents, as well as district court judges.

1. **The Labor Court is composed of a District Court President as Chairperson, as well as lay judges specializing in labor law.**

2. Jointly elected lay judges are to be chosen for the districts of Aarau, Lenzburg, Kulm, and Zofingen; the districts of Baden, Bremgarten, and Muri; and the districts of Brugg, Laufenburg, Rheinfelden, and Zurzach, who can be deployed to serve in the labor courts within these districts.

3. For the proceedings, two lay judges each representing employers and employees must be appointed. In disputes arising under the Gender Equality Act, both genders must be represented by at least two individuals each.

4. The professional affiliation of the lay judges and an appropriate order must be taken into account. In disputes arising under the Gender Equality Act, gender representation takes precedence over professional affiliation.

1. The Youth Court is composed of a District Court President as the President and the expert judges.

1. The Family Court for the regular procedure is composed of a district court president, serving as the presiding judge, along with district judges. In cases where children's issues are the primary concern, the presiding judge may replace district judges with no more than two specialist judges of child and adult protection, who may work full-time or part-time.

2. The Family Court, acting as the child and adult protection authority, is composed of a district court president, serving as the presiding judge, specialist judges of child and adult protection who may work full-time or part-time, as well as part-time specialist judges of child and adult protection.

1. Presidents of District Courts shall substitute for each other for on-call duties throughout the entire canton.

2. Specialist judges for the protection of children and adults, whether working full-time or part-time, shall substitute for each other throughout the entire canton. In the realm of child and adult protection law, they may act as substitute presidents of the family court.

3. Part-time specialist judges for the protection of children and adults may be deployed in the family courts of all district courts within the canton.

1. The Conciliation Board for Equality Issues is responsible for disputes pursuant to the Federal Act on Gender Equality (Gender Equality Act, GlG) of March 24, 1995 arising from

a) private-law employment relationships, provided there is a place of jurisdiction in the canton,

b) public-law employment relationships of municipalities and public-law corporations and institutions, if they are not subject to the Law on the Fundamentals of Personnel Law (Personnel Act, PersG) of May 16, 2000, or the Law on the Employment of Teachers (GAL) of December 17, 2002.

2. It is administratively affiliated with the specialized administrative court as an independent authority.

1. The Conciliation Board is composed of the President and four to six additional members.

1. In the event of the President's incapacity, a member of the conciliation body shall act in their place.

1. The Coercive Measures Court is composed of district court presidents. They decide as single judges throughout the entire canton.

1. Judges of the Coercive Measures Court shall represent each other.

1. The Special Administrative Court is divided into the Tax Division and the Causal Charges and Expropriations Division.

1. The Special Administrative Court is composed of the heads of departments and the part-time judges.

1. Presidents of the departments shall mutually represent each other.

2. If representation according to paragraph 1 is not possible, representation shall be carried out by suitable part-time judges, who are determined in advance in the rules of procedure of the special administrative court.

1. The higher court is divided into the Civil Court, Commercial Court, Criminal Court, Insurance Court, and Administrative Court divisions.

1bis. The tasks of the arbitration courts according to federal social insurance law are assigned to the Insurance Court. The government council regulates the organization and procedures by ordinance.

2. The divisions are structured into the chambers and commissions designated in the rules of procedure.

1. Civil Court, Criminal Court and Insurance Court are each composed of a President, a Vice President, the Senior Judges, and the Substitute Judges.

1. The Administrative Court is composed of a President, a Vice-President, senior judges, specialist judges, and substitute judges.

1. The Commercial Court consists of a President, a Vice President, professional judges, and substitute judges.

1. The full-time senior judges of a division elect from among themselves the divisional president and the chamber presidents.

1. Pending proceedings shall be transferred to the court competent under the new law upon the entry into force of this Act.

1. Full-time judges who are elected at the time of this Act's entry into force, but do not meet the eligibility requirements as per § 13, shall remain in office and are eligible for reelection to this position.

2. Part-time judges who are elected at the time of this Act's entry into force, but do not meet the eligibility requirements as per § 13, shall remain in office until the end of the current term.

3. Court clerks who are employed at the time of this Act's entry into force are not required to fulfill the employment conditions as per § 42 paragraph 2.

1. The organizational provisions of this law apply to

a) the magistrate offices from April 1, 2013,

b) the conciliation office for equality issues from April 1, 2013,

c) the district courts with the exception of the family courts from April 1, 2013,

d) the superior court with the exception of the administrative court from October 1, 2013.

1. This law shall be published in the legislative collection after the unused expiration of the referendum period or upon acceptance by the populace. The governing council shall determine the date of its entry into force.