Rules of Organization of the Court for Involuntary Commitment

1. The Full Court

a) issues regulations;

b) approves and adopts annual reports and annual financial statements;

c) performs other duties assigned to it by law.

**1. The President**

a) convenes the full court and presides over its meetings;

b) represents the court externally;

c) ensures the smooth operation of the court's business;

d) ensures the consistency of the court's practice;

e) together with the President of the Juvenile Court, is responsible for court administration;

f) together with the President of the Juvenile Court, is responsible for preparing the budget;

g) ensures the coordination of financial matters with other courts;

h) jointly with the President of the Juvenile Court, selects the staff (secretariat as well as court clerks) and supervises their activities;

i) together with the President of the Juvenile Court, addresses staff-related matters;

j) is responsible for the professional development of the staff within the operational capacity;

k) ensures that the court's interests are adequately represented in the judicial council;

l) ensures collaboration with other courts in the canton.

1. The Vice President shall represent the Presidium in all functions in their absence or for relief purposes.

1. Court Clerks

a) record the minutes of court proceedings and have an advisory voice during deliberations;

b) prepare decisions and provide reasons for the judgments made during court sessions. They may be assigned the drafting of statements for the Federal Supreme Court as a court of appeal or review;

c) may be involved in the instruction of proceedings;

d) provide legal advice;

e) conduct legal inquiries on behalf of the presidency;

f) perform additional duties assigned to them within the scope of their job descriptions.

2. Their specific tasks are outlined in their respective job descriptions.

1. The Secretariat

a) is entrusted with clerical tasks;

b) prepares the negotiations, handles administrative matters in individual proceedings, and implements instructional orders;

c) performs other tasks assigned within the scope of the respective job descriptions of the staff members.

1. The Court for Protective Custody addresses the following complaints

a) Complaints against a medically ordered custody;

b) Complaints against a retention by the institution;

c) Complaints against the dismissal of a release request;

d) Complaints against the treatment of a mental disorder without consent;

e) Complaints against measures to restrict freedom of movement;

f) Complaints against a custody ordered by the Child and Adult Protection Authority (KESB);

g) Complaints against outpatient measures ordered by the KESB;

h) Complaints against follow-up care ordered by the KESB.

2. The medical members of the court conduct the evaluation of the persons affected by the complaint, provided they are not serving as judges in the same case.

1. The Composition of the Panel is Determined According to Legal Provisions and Based on the Availability of the Judges.

1. The personnel law, including the personnel welfare of the canton, is applicable to the employees of the court, insofar as the Court Organization Act does not stipulate otherwise.

2. The responsibility for personnel matters lies with the President together with the President of the Juvenile Court as the hiring authority for court clerks and secretarial staff. The appeals process is governed by §§ 40 ff. of the Personnel Act of November 17, 1999.

3. The classification of court personnel positions is determined by the Court Council in accordance with the Salary Act.

1. Each position has a job description containing the organizational assignment, the duties, and the responsibilities. It also specifies the requirements regarding education and training as well as specific technical knowledge and experience.

2. The job descriptions are provided to the respective employees.

1. For the court employees, flexible working hours apply in accordance with the flexible working time regulations of the Appellationsgericht (Court of Appeals).

2. The President of the Court, together with the President of the Juvenile Court, has the authority to exempt specific categories of employees from the flexible working model or to establish an annual working hour model for them. These exemptions must be reported to the Court of Appeals.