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III-A.3.4 ORKGORTC CH-GL

Kanton Glarus (ORKG)

20 Articles / Provisions · Canton of Glarus — Cantonal Legislation
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Table of Provisions (20)

Art. 1 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 2 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 3 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 4 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 5 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 6 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 7 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 8 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 9 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 10 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 11 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 12 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 13 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 14 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 15 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 16 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 17 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 18 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 19 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG) Art. 20 Regulation on the Organization of the Cantonal Court of the Canton of Glarus (ORKG)

Statutory Text (20 Provisions)

Kanton Glarus

Organization of the Full Court

1 The Full Court, within the meaning of Article 9 paragraph 1 of the GOG, elects a President of the Cantonal Court to serve as the presiding person and determines their deputy.

2 A court clerk participates in the meetings of the Full Court with an advisory vote and keeps the minutes.

Kanton Glarus

Convening

1 The full authority is convened by the presiding person, at the beginning of a term of office by the most senior Cantonal Court Presidency.

2 Seven part-time members of the Cantonal Court or the management can request the convening of the full authority.

Kanton Glarus

Decision-Making

1 The full authority is quorate if nine members participate. When forming the chambers and generally assigning business to the chambers and the single judge in accordance with Article 16 paragraph 2, all fifteen members must participate.

2 The full authority decides by majority vote of all participating members.

3 In the event of a tie, the motion for which the presiding person has voted is deemed accepted.

4 Circular resolutions are permissible if all fifteen members agree.

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2. Management

Kanton Glarus

Organization of the Management

1 The management of the Cantonal Court consists of the two Cantonal Court Presidents and the part-time Vice-President.

2 The management elects a presiding person and regulates representation.

3 If required, a court clerk participates in the meetings of the management with a consultative vote and keeps the minutes.

Kanton Glarus

Convening

1 The Management Board is convened by its presiding person; at the beginning of a term of office, it is convened by the senior Cantonal Court Presidency.

2 A member of the Management Board may request its convening.

Kanton Glarus

Resolutions

1 The Executive Board is quorate if all three members participate.

2 In the event of a tie, the motion for which the chairperson has voted is deemed adopted.

3 Circular resolutions are permissible if all three members agree.

Kanton Glarus

Representation

¹ The members of the Executive Board may, in exceptional cases, be represented by an

honorary member of the chamber over which they preside (Art. 30 para. 1 lit. a GOG).

Kanton Glarus

Duties of the Executive Board

1 The Executive Board ensures the smooth operation of business; it

a. issues internal directives, particularly for the handling of pro-

cedures;

b. approves the forms used and the uniform design of decisions;

c. ensures a consistent practice of the Cantonal Court, if necessary

involving the full authority in the sense of Article 10 Paragraph 2

Letter b GOG;

d. decides which decisions are to be published in public decision

databases;

e. supervises the personnel assigned to the Cantonal Court, subject

to the competencies of the Administrative Commission of the

Courts;

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f. decides on the deployment of chancery staff in the sense of

Article 37 Paragraph 2 GOG;

g. ensures the further training of the members and employees of

the Cantonal Court;

h. guarantees security in the operation of the Cantonal Court;

i. processes and adopts proposals to the High Court or the

Administrative Commission of the Courts;

j. submits the activity report to the High Court.

Kanton Glarus

Duties of the Presiding Person

1 The Presiding Person of the Management Board handles all judicial administration matters assigned to the Cantonal Court, unless they are delegated to another body; they

a. represent the Cantonal Court externally;

b. may, in individual cases, be represented by another member of the Management Board;

c. prepare the business of the Management Board and ensures its implementation;

d. sign off on expenses (incl. meeting fees), insofar as these are not assigned to a procedure; expenses triggered by the Presiding Person are signed off by their deputy;

e. monitor the pending cases of the Cantonal Court;

f. decide on requests for file inspection according to Article 43 paragraph 2 GOG, unless the former or current case management is responsible for this;

g. acts alone in urgent cases in place of the Management Board.

**3. Chambers**

Kanton Glarus

Organisation of the Chambers

1 The Cantonal Court, as a collegiate body, is divided into three chambers.

2 The entire court body assigns the twelve part-time members of the Cantonal

Court to the individual chambers. The Cantonal Court Presidencies and the

part-time Vice-Presidency can preside over any chamber.

3 The entire court body appoints a part-time Vice-Presidency for each chamber.

Kanton Glarus

### Distribution of Business Among the Chambers

1 Individual cases are distributed among the chambers in accordance with a decision by the full authority (Art. 3 para. 1).

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2 In justified cases, the presiding person of the management board assigns the case to another chamber. The criteria set out in Article 17 apply.

Kanton Glarus

Besetzung der Kammern

1 Über die Zusammensetzung des Spruchkörpers entscheidet die Verfah-

rensleitung.

2 Es gelten die in Artikel 15 und 17 aufgestellten Kriterien.

4. Einzelgericht

***

English Translation

Composition of the Chambers

1 The case management decides on the composition of the adjudicating body.

2 The criteria set out in Articles 15 and 17 apply.

4. Single Judge

Kanton Glarus

Representation

¹ In uncontested family matters, part-time members of the Cantonal Court designated by the management may also act as a single court.

5. Coercive Measures Court

Kanton Glarus

Organization

1 The Executive Board appoints a President and a Vice-President and regulates their representation.

2 The Executive Board designates the part-time members of the Coercive Measures Court.

3 The Presidency decides on the allocation of cases, insofar as this does not result from the internal on-call schedule. The criteria set forth in Articles 15 and 17 apply.

6. Distribution of Business

Kanton Glarus

Principles of Case Distribution

1 The distribution of cases among the presiding judges of the panels and in the single-judge court, as well as the formation of the decision-making bodies, shall be carried out according to objective criteria.

Kanton Glarus

Jurisdiction

1 The members of the Executive Board agree on the usual distribution of business among the presiding persons of the chambers and the single judge. The different workloads are taken into account.

2 If no agreement is reached, the Cantonal Court decides as a full court.

3 The distribution of business applicable as a general rule will be published on the internet.

Kanton Glarus

Deviation from the Standard Case

1 For important reasons, the distribution of business provided for the standard case may be deviated from. The Chairperson of the Executive Board or their deputy decides on this.

2 In addition to the mandatory legal provisions, the following criteria are specifically taken into account

a. Urgency of the matter;

b. Complexity of the matter;

c. Expertise in a specific area;

d. Participation in previous decisions in the same subject area;

e. Coordination of related proceedings by one person;

f. Availability of the participating persons;

g. Participation of persons of both sexes in cases where the nature of the dispute so requires;

h. Language skills;

i. Balance of workload;

j. Avoidance of foreseeable grounds for recusal.

3 The deviation from the standard case shall be documented, stating the reason.

7. Special Provisions

Kanton Glarus

Management of Personnel

¹ In terms of personnel, each employee of the Cantonal Court will be assigned a contact person from among the members of the Executive Board.

² Professional instructions are issued by the respective presiding persons or, on their behalf, by the court clerks.

³ Administrative matters may be assigned to a court clerk for handling.

Kanton Glarus

Supervision of the Cantonal Conciliation Authority

1 The Management Board determines which member supervises the Cantonal

Conciliation Authority within the meaning of Article 4, paragraph 3 GOG, and decides

on requests for recusal within the meaning of Article 32, paragraph 1, letter a GOG,

and regulates their representation.

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Kanton Glarus

Communication

1 Communication regarding a pending or completed procedure shall be conducted exclusively by the procedural management.

2 For all other external communication, the President of the Management Board or a person designated by him or her shall be responsible.

3 The members and employees of the Cantonal Court shall not communicate externally and shall refer enquiries to the responsible person.

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