Kanton Glarus (GOG)

Subject Matter and Scope of Application

1 This Law regulates the organization of the administration of justice, insofar as it is not determined by the relevant procedural codes.

2 It applies to the judicial authorities listed in Article 2.

3 With regard to other authorities with tasks in the administration of justice, this Law shall apply mutatis mutandis, subject to their own provisions in specific enactments.

Court Authorities

1 The following court authorities exist

a.

the High Court and the Administrative Court as the supreme

cantonal courts;

b.

the Cantonal Court as the first-instance cantonal court in

civil and criminal matters;

c.

the Conciliation Authority;

d.

the commissions independent of the administration.

2. Supervision

Oberaufsicht

1 The Cantonal Councillor (Landrat) exercises supreme supervision over the administration of justice.

1) GSIA/1/1

2) SR 272

3) SR 311.0

4) SR 312.0

5) SR 312.1

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2 The Administrative Commission of the Courts, the High Court (Obergericht), and the Administrative Court report annually to the Cantonal Councillor (Landrat) on their activities.

Supervision

1 The High Court supervises the management of the Cantonal Court.

2 The Administrative Court supervises the management of the commissions

independent of the administration.

3 The Cantonal Court supervises the management of the Conciliation

Authority.

4 Supervision is exercised in particular by

a. reviewing reports;

b. obtaining information;

c. issuing oral and written directives;

d. conducting investigations;

e. approving enactments.

5 The supervisory authorities are obligated to intervene ex officio against

malpractices and, if necessary, to notify their superior supervisory authority.

1. Wegen Verletzungen von Amtspflichten kann bei der übergeordneten Aufsichtsbehörde Beschwerde erhoben werden.

2. Das Verfahren richtet sich nach dem Verwaltungsrechtspflegegesetz[[6]](#paragraphtext_content_fn_542673_2_6_c).

3. Die Aufsichtsbeschwerde ist unzulässig, wenn nach Gesetz ein Rechtsmittel ergriffen werden kann.

Organisation

1 Members of the Judicial Administration Commission are

a. the President of the High Court and the part-time Vice-President of the High Court;

b. the President of the Administrative Court;

c. the two Presidents of the Cantonal Courts.

2 The Judicial Administration Commission elects its Chair and Deputy Chair every two years.

3 The President of the High Court and the President of the Administrative Court are eligible for election. Re-election is permitted.

4 For the rest, the Judicial Administration Commission constitutes itself.

6) GS III G/1

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### Decision-Making

1 The Administrative Commission of the Courts has a quorum if at least three members are present.

2 Members of the Administrative Commission of the Courts may be represented by a member of their respective court.

3 Decisions are made by a simple majority. In the event of a tie, the chairperson casts the deciding vote.

4 Decisions by circular resolution are permissible if all members agree.

Tasks

1 The Judicial Administrative Commission of the Courts discharges the duties conferred upon it by law and handles all judicial administrative affairs, provided that the courts themselves or authorities subordinate to them are not competent for such matters.

2 Its specific tasks include the following

a. Appointment and assignment of all court personnel;

b. Submission of legislative proposals and statements on consultations to the competent department for the attention of the Government Council, unless this is carried out by the High Court or Administrative Court active in the respective field;

c. Submission of the budget and accounts of the Judicial Administrative Commission of the Courts to the Government Council for submission to the Parliament;

d. Designation of representatives in the Parliament;

e. Enactment of provisions within its area of competence.

3 Representatives of the Judicial Administrative Commission of the Courts may participate in the deliberation of the budgets and accounts of the courts and of the Judicial Administrative Commission of the Courts in the Parliament.

**4. Courts**

**4.1. Cantonal Court**

Organization

1 The Cantonal Court consists, as a whole body, of two full-time presidents,

one part-time vice-president, and twelve members.

2 It may form chambers, appoint further vice-presidents from among its

members, and operates as a whole body, a collegiate court, and a single-judge court.

The Court En Banc

1 The Court En Banc issues regulations concerning the organization of the

Cantonal Court and submits them to the High Court for approval.

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2 It decides on

a. matters concerning the organization of the Cantonal Court,

unless a Presidency is competent for them;

b. questions of uniform jurisprudence;

c. cases assigned to the Court En Banc by law.

Presidency

1 The Presidencies have the following tasks in particular

a. Chairmanship of the overall authority;

b. Management of the Cantonal Court;

c. Exercise of supervision.

Collegiate Court

¹ The Collegiate Court, sitting with five judges, decides

a. as the court of first instance in ordinary proceedings in accordance with Articles 219 et seq. of the Civil Procedure Code (CPC);

b. as the court of first instance within the meaning of Article 13 letter b of the Criminal Procedure Code (CrimPC), insofar as one of the following sanctions is requested

1. a custodial sentence of more than two years, alone or combined with conditional sanctions to be revoked concurrently;

2. detention in accordance with Article 64 of the Criminal Code (CrimC);

3. treatment in accordance with Article 59 paragraph 3 of the Criminal Code (CrimC).

² The Collegiate Court, sitting with three judges, decides

a. as the court of first instance within the meaning of Article 13 letter b of the Criminal Procedure Code (CrimPC) on felonies and misdemeanours, insofar as the Collegiate Court does not decide with five judges;

b. as the Juvenile Court within the meaning of Article 7 paragraph 1 letter b of the Juvenile Criminal Procedure Code (J CrimPC).

### Single Judge Court

1. The Single Judge Court, composed of a Presiding Judge or the part-time Vice-Presiding Judge, decides

a. as a court of first instance in civil matters that are not subject to the ordinary procedure according to Articles 219 et seq. of the Civil Procedure Code (CPC);

b. in cases of comprehensive agreement regarding divorce, legal separation, and dissolution of registered partnership;

c. on the granting of legal assistance pursuant to Article 5 paragraph 1 of the Introductory Act to the Swiss Civil Procedure Code7);

d. as the sole instance in matters of arbitration in the sense of Article 356 paragraph 2 CPC;

7) GS III C/1

4. as a court of first instance for contraventions in the sense of Article 19 paragraph 2 letter a of the Criminal Procedure Code (CrimPC);

5. as a court for coercive measures in the sense of Article 13 letter a CrimPC and Article 7 paragraph 1 letter a of the Juvenile Criminal Procedure Code (JuCrimPC);

6. as the approving authority for ordering surveillance in the sense of Article 37 paragraph 3 of the Federal Act on the Surveillance of Postal and Telecommunications Traffic).

### 4.2. Higher Court

Organisation

1 The High Court, as a whole, consists of the Presidium, the part-time Vice-Presidency, and seven members.

2 It may form chambers, appoint further Vice-Presidencies from among its members, and operates as a collective authority, a collegiate court, and a single judge court.

1. Die Gesamtbehörde erlässt Bestimmungen über die Organisation des Obergerichts.

2. Sie entscheidet in

| | | | | | --- | --- | --- | --- | | a. | Angelegenheiten, welche die Organisation des Obergerichts sowie die Aufsicht betreffen, soweit hierfür nicht das Präsidium zuständig ist; | | |

| | | | | | --- | --- | --- | --- | | b. | Fragen einer einheitlichen Rechtsprechung; | | |

| | | | | | --- | --- | --- | --- | | c. | den vom Gesetz der Gesamtbehörde zugewiesenen Fällen. | | |

Matters concerning the organization of the High Court and

supervision, unless the Presiding Board is responsible for them;

Questions of uniform jurisprudence;

Cases assigned to the plenary body by law.

Presiding Board

1 The Presiding Board has, in particular, the following tasks

a.

b.

c.

d.

Presidency of the plenary body;

Management of the High Court;

Submission of motions for laws and statements regarding

consultations in the High Court’s subject area to the competent

department for the attention of the Government Council, with

prior notification of the Administrative Commission of the

Courts;

Submission of the budget and accounts of the High Court, the

Canton Court, and the Conciliation Authority to the Government

Council for the attention of the Cantonal Parliament;

8)

SR 780.1

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e. Exercise of supervision, unless orders within the meaning of Article 4 paragraph 4 letters d and e are to be issued, or the Presiding Board transfers the matter to the plenary body in an individual case.

Collegiate Court

1. The Collegiate Court decides with a panel of five judges

a. as an appellate instance in criminal matters for the handling of appeals according to Articles 398 et seq. StPO (Criminal Procedure Code);

b. as an appellate instance in civil matters for the handling of appeals according to Articles 308 et seq. ZPO (Civil Procedure Code).

2. The Collegiate Court decides with a panel of three judges

a. as an appellate instance in criminal matters for the handling of complaints according to Articles 393 et seq. StPO;

b. as an appellate instance in juvenile criminal matters for the handling of appeals according to Article 40 JStPO (Juvenile Criminal Procedure Code) as well as complaints according to Article 39 JStPO;

c. as an appellate instance in civil matters for the handling of complaints according to Articles 319 et seq. ZPO;

d. as the higher court in matters of arbitration in the sense of Article 356 paragraph 1 letter a ZPO;

e. in civil and criminal matters where federal law prescribes a single cantonal instance, provided that cantonal law does not determine other jurisdiction.

### Single Judge Court

1 The Single Judge Court, composed of the President or the part-time Vice-President, decides

a. in civil matters according to Article 5 paragraph 1 letter g CPC;

b. regarding interim measures and legal protection in clear cases within the jurisdiction of the High Court (Obergericht);

c. in arbitration matters according to Article 356 paragraph 1 letter b CPC;

d. on return requests, including measures for the protection of children according to the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults9);

e. on invasive sample collection and analysis of the sample for the creation of a DNA profile outside of criminal proceedings according to Article 7 paragraph 3 letter b of the DNA Profile Act10).

9) SR 211.222.32

10) SR 363

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4.3. Administrative Court

Organisation

1 The Administrative Court consists as a whole authority of the full-time

Presidency and eight members.

2 It may form chambers, designates the Vice-Presidencies from among its members,

and acts as a whole authority, a collegial court, and a single-judge court.

Full Court

1 The Full Court issues regulations concerning the organisation of the Administrative Court.

2 It decides on

a. matters concerning the organisation of the Administrative Court and supervision, insofar as the Presidency is not responsible for these;

b. questions of uniform jurisprudence;

c. cases assigned to the Full Court by law.

Presidency

1 The Presidency has the following duties, in particular

a. Chairmanship of the entire authority;

b. Management of the Administrative Court;

c. Submission of proposals for laws and opinions on consultation

documents in the subject area of the Administrative Court to the

competent Department for the attention of the Government Council,

after prior notification of the Courts' Administrative Commission;

d. Submission of the budget and accounts of the Administrative Court

and the Tax Appeals Commission to the Government Council for the

attention of the Landrat;

e. Exercise of supervision, unless orders within the meaning of

Article 4

Paragraph 4, letters d and e are to be made, or the Presidency

transfers the matter to the entire authority in individual cases.

Collegiate Court

1 The Collegiate Court, sitting with three judges, decides as the sole or final instance disputes not reserved for the Single Judge Court.

Single Judge

1 The Presiding Judge rules in the cases provided for by law.

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Commissions and Arbitral Tribunals Independent of the Administration

1. Commissions independent of the administration decide public-law disputes to the extent provided by law.

2. Arbitral tribunals decide public-law matters to the extent provided by law.

**4.4. Common Provisions**

**4.4.1. General**

Constitution

1 The courts shall constitute themselves, subject to the powers of the electoral

authorities and special legal provisions.

2 The constitution shall take place for the constitutional term of office and shall

be published.

Party Representation

1 The representation of parties is prohibited

a. to all presidencies and part-time vice-presidencies before Glarus

courts and the conciliation authority, as well as before the Glarus

criminal prosecution authorities;

b. to the members of the Cantonal Court, the High Court, and the

conciliation authority before these authorities and their preliminary

instances, as well as before the Glarus criminal prosecution authorities;

c. to the members of the Administrative Court and the administratively

independent commissions before these authorities and their preliminary

instances.

Outside Activities and Conflicts of Interest

1 Full-time presidents may not

a. pursue any profession or operate any trade;

b. serve as a member of the management or auditing body in companies

that aim to generate profit;

c. engage in any activities incompatible with their full-time office or

with their independence.

2 Part-time presidents and vice-presidents, as well as members of the

courts, may not engage in any activities incompatible with their part-time

or auxiliary office, respectively, or with their independence.

3 The administrative commission of the courts shall make all outside

activities and other conflicts of interest publicly accessible in an

appropriate form, provided they are relevant according to the preceding

paragraphs.

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Official Secrecy

1 Judges are obliged to maintain secrecy regarding official matters, to the extent that there is an overriding public or private interest in confidentiality according to the Law on Public Information, Data Protection and Archiving (IDAG) or if a specific legal provision so stipulates.

2 The presidents of the individual courts decide on active public information and on access requests according to Article 11 IDAG.

3 The provisions in the Cantonal Constitution, in the legal procedural codes, and in other enactments concerning release from official secrecy and the obligation to disclose, as well as public hearings, remain reserved.

4 The Administrative Commission of the Courts decides on release from official secrecy.

Gifts and Other Benefits

1. Judges are prohibited from accepting any gifts, such as presents, cash, and the like, or securing or having promised to them any benefits for themselves or third parties, in connection with or in view of their official activities.

2. Unlawfully accepted gifts and other benefits shall be forfeited to the Canton.

**4.4.2. Court Supplementation and Decision on Recusal**

Representation and Supplementation

¹ The following rules of representation apply to presidencies and vice-presidencies

a. the presidencies of the Cantonal Court represent each other or are represented by one of their vice-presidencies or by a member of the Cantonal Court;

b. the Presidency of the High Court is represented by its vice-presidencies or by a member of the High Court;

c. the Presidency of the Administrative Court is represented by its vice-presidencies or by a member of the Administrative Court;

d. the vice-presidencies and presiding members are represented by a presidency, a vice-presidency or by a member of the respective court.

² In the event of recusal or impediment of their other members, the collegiate courts shall supplement themselves as follows

a. the Cantonal Court by co-opting other members of the Cantonal Court;

b. the High Court by co-opting other members of the High Court and, if necessary, by co-opting members of the Cantonal Court;

c. the Administrative Court by co-opting other members of the Administrative Court.

³ If a collegiate court cannot be fully constituted in good time in accordance with paragraph 2, it shall supplement itself by co-opting a court clerk with all the rights and duties of a judge.

⁴ The representation and supplementation of commissions independent of the administration and of arbitral tribunals shall be governed by the relevant provisions. In the absence thereof, paragraph 1 letters c and d, and paragraph 2 letter c shall apply by analogy.

Special Cases

1. Upon application by the Administrative Commission of the courts, the District Administrator elects the necessary extraordinary presidents or members.

2. If there is no regulation for the commissions independent of the administration and for the arbitration courts in the relevant provisions, paragraph 1 shall apply mutatis mutandis.

Decision on Recusal Requests

1 The following decide on disputed recusal requests

a. a presidency of the Cantonal Court, if the presidency, the vice-

presidency, or members of the Conciliation Authority are affected;

b. the representation according to Article 30 paragraph 1, if the Cantonal

Court presidencies, the High Court presidency, the Administrative

Court presidency, as well as vice-presidencies or presiding members

are affected;

c. the chairperson of the collegiate court, if its members, court clerks, or

court recorders are affected;

d. the single judge, if its court clerks or court recorders are affected.

2 In criminal matters, the rules on jurisdiction according to Article 59 CCP

remain reserved.

3 If, in proceedings before the High Court or the Administrative Court, no

representation according to Article 30 paragraph 1 can act, the presidency of

the other court decides on the recusal request.

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4.4.3. Rules of Procedure

### Occupancy

1. The courts must always be fully constituted and equally constituted for the same matter.

2. If this is not possible, the provisions of section 4.4.2 apply.

Case Management

1 The Presidency or Vice-Presidency makes the procedural decisions, issues instructions for the preparation of hearings, and presides over the hearings.

2 It renders all preliminary, partial, and final decisions that do not decide on the merits of the case, in particular regarding

a. advance on costs;

b. provision of security;

c. legal aid;

d. order for taking evidence;

e. provisional taking of evidence;

f. order for mediation.

Case Management and Expeditious Procedure Resolution

1 The courts maintain continuous controls over all initiated proceedings and

the manner of their resolution.

2 They resolve procedures expeditiously. Proceedings pending before a court for

longer than one year are listed in the activity report.

Minutes

1 Minutes shall be kept of every hearing, containing in particular the motions and the essential oral statements of the parties, as well as the taking of evidence.

2 Recording devices may be used for keeping the minutes.

Court Clerks

1 Court clerks participate in the proceedings in an advisory capacity and are entitled to make motions. Their duties include

a.

keeping minutes;

b.

the administrative processing of proceedings according to the instructions of the case management.

2 In proceedings before a single judge, court clerks may be replaced by registry employees.

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Official Language

1 The language of the court is German.

2 Subject to other legal or international treaty provisions, foreign-language

submissions may be rejected for translation.

3 If parties or witnesses are not proficient in the German language, a

translator or interpreter must be engaged.

4 In other cases of difficult communication, the court shall engage suitable

auxiliary persons.

Case Management Systems and Electronic Legal Transactions

1 The courts may maintain electronic case management systems for their business processes and for the management of official documents.

2 Insofar as personal data and data of legal entities, including particularly sensitive data, fall within the scope of the FADP, they may be processed in the case management systems if they serve, in particular, to

a. process cases;

b. organize workflows;

c. determine whether data concerning a specific person are being processed;

d. facilitate access to official documents.

3 The Administrative Commission of the Courts shall regulate the details, particularly concerning the organization and operation of the case management systems, as well as the protection of personal data and data of legal entities recorded therein.

4 The Administrative Commission of the Courts shall issue the necessary provisions for the courts regarding electronic transmission and electronic file management.

Religious Symbols

1 Judges and court staff shall not wear visible religious symbols during hearings and when announcing decisions.

Security and Reporting

1 The Administrative Commission of the Courts may issue provisions

a. to ensure security in court operations;

b. concerning the admission as well as the rights and duties of court reporters.

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Prohibition on Giving Advice

1 Judges and court personnel are prohibited from giving advice or allowing themselves to be informed about an impending or pending legal dispute.

2 The competent court must be informed about any attempts at influence.

Access to Files by Third Parties

1 Persons not affected by the proceedings are not entitled to inspect the files.

2 The Presidencies of the relevant authority may grant justified exceptions.

### Deliberation

1 Deliberation is not public.

2 The court decides by majority vote. Abstention is not permitted.

3 Decisions by circular resolution are permitted if all members agree.

4.4.4. Personnel

General Secretariat

1 The General Secretariat participates in the meetings of the Administrative Commission of the Courts in an advisory capacity and is entitled to submit motions. Its duties include

a. supporting the Chair in preparing the business of the Administrative Commission of the Courts;

b. managing cross-court affairs assigned to it by the Administrative Commission of the Courts;

c. taking minutes.

Court Treasury

1 The Court Treasury manages the accounting and enforces all monetary claims arising from decisions of the courts and the conciliation authority.

2 The enforcement of further financial services, particularly within the meaning of Article 442 StPO, may be assigned to it.

3 The Court Treasury arranges for the subsequent payment in cases of gratuitous legal aid or official defense.

4 The administrative authorities of the Canton provide the Court Treasury with all necessary information regarding the income and assets of the party liable for costs for the purpose of subsequent payment.

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Organisation

1 With the exception of the employees mentioned in paragraph 2, the staff

is professionally subordinate to the respective court and otherwise to the

Administrative Commission of the Courts.

2 The Secretary-General and the personnel responsible for the court

treasury are subordinate to the Administrative Commission of the Courts.

3 The Administrative Commission of the Courts regulates the rights and duties

of the staff, deputisation, and signing authority.

4.4.5. Fees and Remuneration of Third Parties

Fees and Tariffs

1 The Cantonal Council (Landrat) shall regulate the costs to be levied in civil, criminal, and administrative justice.

2 The procedural costs shall be determined by the value in dispute or the other interest of the parties in the assessment of the matter, as well as by the necessary time and material expenditure.

3 The fees for other services shall be determined by the necessary time and material expenditure.

Compensation of Third Parties

1 The Administrative Commission of the Courts regulates the compensation of witnesses and other persons entitled to compensation in judicial proceedings and criminal investigations.

5. Conciliation Authority

Organization

1 The conciliation authority consists of a presidency, a vice-presidency, and eight equally represented members.

2 The presidency and the vice-presidency are subject to the Personnel Act, with the vice-presidency also being able to serve in a part-time capacity.

1. Der Landrat wählt für die verfassungsmässige Amtsdauer das Präsidium und das Vizepräsidium der Schlichtungsbehörde auf Vorschlag der Verwaltungskommission der Gerichte.

2. Für die Wahl der paritätischen Mitglieder der Schlichtungsbehörde ist die Verwaltungskommission der Gerichte zuständig.

1. Das Präsidium hat folgende Aufgaben

| | | | | | --- | --- | --- | --- | | a. | Geschäftsleitung; | | |

| | | | | | --- | --- | --- | --- | | b . | Unterbreitung von Budget und Rechnung der Schlichtungsbehörde an die Aufsichtsbehörde. | | |

Management;

Submission of the Conciliation Authority's budget and accounts to the Supervisory Authority.

Jurisdiction

¹ The Conciliation Authority, in single-member composition, conducts conciliation negotiations in accordance with Articles 197 et seq. CPC and serves as a legal advisory body within the meaning of Article 201 Paragraph 2 CPC.

² The Conciliation Authority convenes in a three-member composition

a. in disputes arising from the rental and lease of residential and commercial premises, with equal representation of the landlord and tenant sides, or the lessor and lessee sides, respectively;

b. in disputes arising from private-law employment relationships and from the Employment Services Act¹¹), with equal representation of the employer and employee sides;

c. in disputes under the Gender Equality Act¹²).

³ Disputes concerning gender equality issues in public-law employment relationships are governed by the Cantonal Gender Equality Act¹³).

Representation and Supplementation

1 The Administrative Commission of the courts shall elect an extraordinary representation or supplementation if the Conciliation Authority cannot be fully staffed.

Case Management

1 The Presidency, the Vice-Presidency or another member of the Conciliation

Authority manages the proceedings assigned to them and makes all preliminary, partial

and final decisions that do not involve a decision on the merits.

11) SR 823.11

12) SR 151.1

13) GS I E/1/1

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