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154.123 CH-BS

Regulations on the Solemn Promise to be Made by the Presidents, Part-time Judges, Court Clerks, and Employees of the Courts

5 Articles / Provisions · Switzerland · Canton of Basel-Stadt
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Statutory Text (5 Articles)

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1. This regulation governs the modalities and content of the oaths of office, which the presidents, part-time judges, court clerks, and court staff are required to take for the faithful performance of their duties.

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1. The Presidents must take the oath of office before the Presiding President of the court to which they belong, or their Deputy. The Presidents of the Juvenile Court and the Guardianship Court must take the oath of office before the Presiding President of the Court of Appeal.

2. The part-time judges and court clerks must take the oath of office before a member of the Presidency of the respective court.

3. The Presidents, part-time judges, and court clerks must take the oath of office in a session of the respective court, whereby the presence of the Presidency member administering the oath is sufficient.

4. The other staff members must take the oath of office before their superior.

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1. The Oath to be Taken by Presidents and Part-time Judges is as follows

"I promise,

- that I will fulfill all my duties in accordance with the applicable legal norms and always to the best of my knowledge and conscience,

- that I will conduct all proceedings as expediently as possible,

- that I will observe the principle of legal equality both in judicial decisions and in all other matters, and will recuse myself in the event of any reasons for bias, and

- that I will maintain official secrecy regarding all proceedings as well as other matters, keep opinions expressed during court deliberations confidential, and treat entrusted files and electronic data with confidentiality."

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1. The oath to be taken by court clerks with additional judicial functions (mediators and judges for coercive measures in immigration law) is as follows

"I promise,

- that I will fulfill all my duties in accordance with the relevant legal norms and always to the best of my knowledge and belief,

- that I will handle all the tasks incumbent upon me in court proceedings as well as the other assignments from the presidency as expeditiously as possible,

- that in both adjudication and my advisory opinions as a court clerk, as well as in all other matters, I will observe the principle of legal equality, and will recuse myself in cases of any conflict of interest, and

- that I will maintain official confidentiality regarding all processes as well as other matters, keep the opinions expressed in court deliberations confidential, and treat all entrusted files and electronic data as confidential."

2. The oath to be taken by the other court clerks is as follows

"I promise,

- that I will fulfill all my duties in accordance with the relevant legal norms and always to the best of my knowledge and belief,

- that I will handle all the tasks incumbent upon me in court proceedings as well as the other assignments from the presidency as expeditiously as possible,

- that in my advisory opinions as a court clerk, as well as in all other matters, I will observe the principle of legal equality, and will recuse myself in cases of any conflict of interest, and

- that I will maintain official confidentiality regarding all processes as well as other matters, keep the opinions expressed in court deliberations confidential, and treat all entrusted files and electronic data as confidential."

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1. The Oath to be Taken by the Remaining Court Employees is as Follows

"I promise,

- that I will always fulfill all my duties to the best of my knowledge and ability and perform all tasks as efficiently and carefully as possible,

- that I will strive to be friendly, respectful, and patient towards the parties involved in the proceedings and their legal representatives, employees of other authorities, and the general public, and

- that I will uphold confidentiality regarding all proceedings and other matters, and will treat the entrusted files and electronic data with confidentiality."

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