Judicial Organisation Act (GOG) - Subject Matter (GOG)

1. This Act governs the organization of the courts and conciliation authorities, as well as the employment status of the members of the judicial authorities.

2. It applies to the Expropriation Commission and the Conciliation Authority for Social Insurance Matters only insofar as no other special legal provisions exist.

3. The jurisdiction of the courts and conciliation authorities, the procedures, litigation capacity, legal representation, and supportive provisions related to this Act are subjects of legislation concerning civil, criminal, and administrative justice.

1. The Superior Court, the Cantonal Coercive Measures Court, and the Conciliation Authority for Equal Opportunities have their seat in Chur.

2. The Regional Courts, Mediation Offices, and Conciliation Authorities for Tenancy Matters are generally based at the main location of the region or at a location designated by the Administrative Commission of the Regional Court.

3. The judicial authorities may hold proceedings at a location other than their seat if the circumstances justify it.

1. Subject to the powers of the electoral body, the courts shall constitute themselves.

2. The governing bodies of the courts shall conduct votes and elections openly. If a member requests a secret vote or election, this request must be granted. In the event of a tie, the president shall cast the deciding vote; in elections, the decision shall be made by lot.

3. Members of the governing bodies of the courts may participate in votes and elections electronically. The High Court shall regulate the details in a regulation after consulting the regional courts.

1. The judicial authorities have access to the data they need to fulfill their legal duties.

2. Data access may be conducted through a retrieval procedure.

3. Furthermore, the provisions of the Act on the Residents' Register and other Personal and Object Registers shall apply.

1. Judicial authorities collect procedural costs from the parties for their activities according to the applicable procedural regulations and fee ordinances.

2. Monetary penalties and fines imposed by the courts are allocated to the treasury of the court responsible in the first instance.

1. Each court shall conduct its finance and accounting in accordance with the principles of the cantonal financial household law.

2. The budget and the annual financial statement of the Higher Court and the Regional Courts shall also include the revenues and expenses of the conciliation authorities affiliated with them.

3. The Higher Court shall regulate the authority to make credit-related decisions and other details concerning the finance and accounting of the Regional Courts and the conciliation authorities in a regulation. The department responsible for finance, financial control, the Regional Courts, and the conciliation authorities must be consulted in advance.

4. After consulting with the department responsible for finance, the Higher Court may delegate tasks related to finance and accounting to the financial administration for compensation.

1. Judicial authorities have access to the staff they require to ensure high-quality and prompt handling of affairs.

2. The High Court petitions the Grand Council for the necessary resources for the staff of the High Court, the Judicial Court, and other judicial authorities. It consults the affected authorities in advance.

3. The High Court classifies the positions of staff of the High Court, the Judicial Court, and other judicial authorities into functional classes according to cantonal employment law. Before classifying the positions, it obtains the opinion of the cantonal personnel office and consults the affected authorities.

4. The employment and termination of staff, as well as the exercise of rights and obligations arising from the public-law employment contract, are the responsibility of the judicial authority for which the staff is employed.

1. The procedural languages of the judicial authorities are determined by the Language Law of the Canton of Graubünden.

1. The chairpersons or judges designated by them conduct the proceedings as instructing judges until the final decision and, if necessary, make provisional decisions.

2. They dismiss the proceedings as completed if, during the course of the proceedings, the legally relevant interest in a decision ceases to exist, particularly due to withdrawal, acknowledgment, or settlement.

1. To validly deliberate and make decisions, the judicial authorities must be fully constituted.

1. During decision-making, each member of the judicial authorities is obliged to cast a vote.

2. The judicial authorities conduct votes openly.

3. In the event of a tie, the chairperson has the casting vote.

1. Courts may decide by circular resolution.

2. Circular resolutions require unanimity. Every judge can request an oral deliberation.

1. Decisions of the conciliation authorities shall be signed by the chairperson.

2. Decisions of the courts shall be signed by the chairperson and the clerk. In compliance with federal law requirements, the rules of procedure may provide for a different signature regulation.

1. The clerks of the court participate in judicial proceedings in accordance with the instructions of the chairperson. They have an advisory voice in the decision-making process.

2. The judicial authorities may assign additional tasks to the clerks of the court.

**1. Facts that members of the judicial authorities and their staff become aware of in a court or conciliation proceeding must be kept confidential.**

**2. The duty of confidentiality also applies to experts, interpreters, and other persons consulted by the judicial authorities for court or conciliation proceedings. The chairperson is responsible for informing these individuals about the obligation of confidentiality and the consequences of its breach.**

**3. Persons pursuant to paragraph 1 and paragraph 2 may express themselves only regarding facts they have become aware of in a court or conciliation proceeding, or release records from such proceedings, if the appellate court has released them from the duty of confidentiality. Exceptions remain for official notification, reporting, and cooperation obligations, as well as rights to official notification, reporting, and cooperation.**

1. The time and subject matter of court hearings shall be made accessible to the public in an appropriate manner.

2. Court hearings shall be public except for deliberations.

3. The public shall be wholly or partially excluded from the hearings by the presiding judge if

a) there are divergent legal provisions;

b) it is necessary for important reasons, namely for the protection of public order and morality or a legitimate interest of an involved person.

4. Audio and video recordings of the court hearings are prohibited.

5. The parties and their legal representatives must appear at the hearings in proper attire that respects the dignity of the court.

1. Courts make their decisions accessible to the public in an appropriate manner.

2. The Superior Court usually publishes its decisions. If it does not decide on legal questions of fundamental importance unanimously, a member of the Superior Court involved in the decision can request that the reasoned dissenting opinion be included in the appendix of a decision.

3. Regional courts publish decisions of public interest.

1. The Superior Court shall regulate, through an ordinance, the public's access to information provided by the judicial authorities.

2. In this ordinance, it may regulate the admission, as well as the rights and obligations of court reporters, and prescribe sanctions in the event of non-compliance.

1. The judicial functions are exercised by the full-time and part-time members of the judiciary authorities.

2. Full-time members of the judiciary authorities are

a) the regular and extraordinary supreme judges;

b) the regular and extraordinary regional judges, who work for a predetermined part-time or full-time quota;

c) the mediators.

3. Part-time members of the judiciary authorities are

a) the president and the other members of the judicial court and their deputies;

b) the regional judges, who work on a part-time basis, dependent on the caseload;

c) the deputies of the mediators;

d) the other members of the conciliation authorities for rental matters and their deputies;

e) the members of the conciliation authority for equality matters and their deputies.

1. The members of the judicial authorities shall take an oath of office or make a solemn affirmation to diligently fulfill their duties before assuming their office.

2. The following individuals take the oath of office or make the solemn affirmation

a) the President of the Supreme Court, the Vice-President of the Supreme Court, and the other members of the Supreme Court before the Grand Council;

b) the President of the Court of Justice, the other members of the Court of Justice, and the two deputies before the Grand Council;

c) the Presidents of the Regional Courts before the Full Supreme Court (Plenary Session);

d) the members of the Regional Courts before the President of the respective Regional Court;

e) the members of the Conciliation Authority for Equality Matters and their deputies before the President of the Supreme Court;

f) the members of the Mediation Offices and Conciliation Authorities for Tenancy Matters, as well as their deputies, before the President of the Regional Court to which they are affiliated.

3. The wording of the oath of office and solemn affirmation is as follows: "You, as the elected President (elected Judge, elected Member) of the (Supreme, Judicial, Regional Court / Conciliation Authority) swear to God (affirm) to fulfill all the duties of your office to the best of your knowledge and belief." "I swear (affirm) it."

1. The annual salary, including the 13th month's salary, for a full-time position is as follows

a) the President of the Supreme Court shall receive 107 percent of the maximum of the highest salary grade according to cantonal personnel law;

b) the Vice President and other members of the Administrative Commission shall receive 105 percent of the maximum of the highest salary grade according to cantonal personnel law;

c) the other Supreme Court judges shall receive 103 percent of the maximum of the highest salary grade according to cantonal personnel law.

2. If a Supreme Court judge is employed on a part-time basis, the salary shall be adjusted in proportion to the degree of employment.

1. The Superior Court classifies the positions of the additional full-time members of the judicial authorities into functional classes according to cantonal personnel law. Before classifying the positions, it obtains the opinion of the cantonal personnel office.

2. The salary of the additional full-time members of the judicial authorities corresponds to the maximum of the relevant functional class.

3. If the additional full-time members of the judicial authorities work part-time, the salary is adjusted in proportion to the level of employment.

1. The part-time members of the judicial authorities are remunerated for their judicial activities in the form of

a) a daily allowance or a participation fee when they are involved in a circular decision;

b) an allowance when they lead a proceeding.

2. The entitlement to remuneration arises with the assignment of a case. If a case falls away or if a part-time member of a judicial authority cannot participate due to personal reasons, the remuneration shall be reduced.

3. The Higher Court determines the amount of the daily allowance, participation fees, and allowances as well as the further details of the remuneration of the part-time members of the judicial authorities in a regulation. It may deviate from the rates provided in Article 70 of the Law on the Employment Relationship of Canton Graubünden Employees.

1. Full-time members of the judicial authorities receive the same annual vacation as the cantonal employees of the same age group.

2. A maximum of ten vacation days may be carried over to the next calendar year.

3. Financial compensation for unused vacation days is excluded.

1. Members of the judicial authorities may resign from their judicial positions in writing with a notice period of six months by the end of any month. Partial resignations are only permissible under the conditions provided for in this law.

2. Resignation declarations are to be addressed to

a) Members of the Supreme Court and the Judicial Court to the commission of the Grand Council responsible for justice;

b) Members of the Regional Courts and the Conciliation Authority for Equality Matters to the Supreme Court;

c) Members of the Mediation Offices and the Conciliation Authorities for Tenancy Matters to the respective Regional Court.

1. Members of the judicial authorities are eligible for judicial office.

2. Full-time members of the courts possess a completed legal education and, as a rule, a lawyer's license, while mediators possess a completed legal education and, as a rule, mediation training.

3. In the election of members of the judicial authorities, the procedural languages of the respective judicial authority must be duly considered.

4. The High Court may issue the necessary implementing provisions.

1. If a member of a judicial body loses, wholly or partially, the ability to perform judicial duties due to impairment of physical, mental, or psychological health during their term, the term ends

a) in cases of work-related incapacity, if the member has not performed judicial duties for a total of twelve months for this reason;

b) in all other cases, if the member of a judicial body can claim a disability pension according to the Federal Law on Disability Insurance when applied in a timely manner, but no later than 24 months after the occurrence of the full or partial work incapacity.

1. Members of the judicial authorities may not engage in any secondary occupation that could impair the exercise of their office, their independence, or the reputation of the judicial authority to which they belong.

2. Members of the judicial authorities may, in particular, not

a) Represent individuals before the judicial authority to which they belong;

b) Represent individuals in proceedings that are to be assessed by the judicial authority to which they belong if the case proceeds further;

c) Act for an authority whose actions or decisions are subject to review by the judicial authority to which they belong. Exceptions can be legally provided for.

3. Full-time members of the judicial authorities may furthermore, in particular, not

a) Hold another office or engage in another occupation if they perform their judicial duties on a full-time basis. Exceptions can be legally provided for or approved;

b) Hold another office or engage in another occupation that, in combination with their part-time judicial duties, exceeds a full-time workload. Exceptions can be legally provided for or approved.

4. Secondary occupations require approval if

a) There is the possibility of incompatibility;

b) It involves another office or occupation that, in combination with the judicial office, exceeds a full-time workload;

c) Working time is taken up for this purpose.

5. The Higher Court shall regulate the details regarding prohibited and approval-required secondary occupations, as well as the approval process, in an ordinance.

1. The same judicial authority may not simultaneously include as members

a) Persons who are married to each other;

b) Persons who are related to each other in a direct line or up to the third degree in the collateral line;

c) Persons who are related by marriage to each other in a direct line or up to the third degree in the collateral line.

2. The exclusion criteria for married persons apply mutatis mutandis to registered partnerships and de facto cohabitations.

3. The exclusion criteria according to paragraph 1, letter c, do not continue to exist after the dissolution of the marriage, registered partnership, or de facto cohabitation.

4. The election is valid for the person who has previously held the office or, in the case of a simultaneous new election, has received more votes. In the case of an uncontested election, the decision is made by lot regarding precedence.

1. The weekly working hours for the full-time members of the judicial authorities amount to an average of 42 hours per year for a full workload.

2. If the full-time members of the judicial authorities are employed on a part-time basis, the working hours are reduced according to the degree of employment.

3. The full-time members of the judicial authorities are exempt from recording working hours.

1. The working hours of the part-time members of the judicial authorities are determined by the workload.

2. They are required to record their working hours insofar as this is necessary for their remuneration.

1. Members of the judicial authorities shall inform the High Court upon assuming office about

a) primary and secondary gainful employment;

b) activities in governing and supervisory bodies of corporations, institutions, and foundations under private and public law;

c) permanent management and advisory functions for individuals and interest groups;

d) participation in commissions and other bodies of the federal government, the cantons, and the municipalities.

2. Members of the judicial authorities shall notify the High Court at the beginning of the judicial year if there have been changes in their situation with regard to one or more of the activities mentioned in paragraph 1.

3. The High Court ensures compliance with the disclosure obligations. It maintains a register of ties to interests and publishes it. The professional secrecy remains reserved.

1. Members of the judicial authorities must promptly inform the supervisory authority of any criminal proceedings initiated against them during their term of office, which could lead to an entry in the criminal record visible on the private extract.

1. Members of the judicial authorities shall establish their residence in the canton no later than upon assuming office.

1. Full-time members of the judicial authorities may exercise the office of judge until the end of the year in which they reach the age of 68.

2. Part-time members of the judicial authorities may exercise the office of judge until the end of the year in which they reach the age of 70.

1. To the extent that no differing provisions exist and it is compatible with judicial independence, the employment relationship of the members of the judicial authorities shall be governed mutatis mutandis by the regulations of cantonal personnel law.

1. The entire court establishes divisions for the exercise of judicial functions. It may subdivide these into chambers.

2. The composition of the divisions and any possible chambers must be made publicly known.

1. The Supreme Court generally adjudicates with a panel of three judges.

2. Legal questions of fundamental importance are decided by the Supreme Court with a panel of five judges.

3. If an appeal is clearly inadmissible or manifestly well-founded or unfounded, the president adjudicates in a single-judge capacity.

4. By order of the president, the Supreme Court decides with a panel of three judges on matters for which single-judge jurisdiction is provided, and with a panel of five judges on matters for which a three-judge panel is provided.

5. The law may provide for a panel of five judges or a single-judge competence for specific areas.

1. Judges are obligated to serve as substitutes in other departments.

2. If the High Court cannot be fully constituted due to reasons of absence or disqualification, the committee responsible for judiciary matters within the Grand Council shall designate a substitute from the pool of full-time members of the Regional Courts, who conduct proceedings in the same languages as the member being replaced.

1. The full court comprises the regular members.

2. It is responsible for

a) the issuance of court regulations;

b) the adoption of the budget, the annual accounts, and the annual report of the High Court as well as of the judicial authorities under its supervision for submission to the Grand Council;

c) the adoption of proposals for submission to the Grand Council, requesting the government to draft laws or constitutional proposals concerning the administration of justice;

d) the establishment of divisions and any chambers if necessary;

e) the appointment of the heads of divisions and any chamber presidents, along with their deputies;

f) the election of additional members of the administrative commission and other persons to be elected by the High Court;

g) the coordination of jurisprudence among the divisions;

h) the proposal for the removal from office of members of the High Court;

i) the hiring and dismissal of permanent employees;

j) the adoption of statements;

k) other tasks assigned to it by law or regulation.

3. Resolutions of the full court are valid if at least two-thirds of the members of the full court participate in the meeting or the circular procedure.

1. The Administration Commission consists of the President, the Vice-President, and up to three other members of the High Court. The cantonal languages must be adequately considered in the composition of the Administration Commission.

2. The additional members of the Administration Commission are elected for four years following the renewal elections from among the regular judges. A single re-election is permitted.

3. The Administration Commission undertakes all judicial administration tasks not assigned to any other body. Its duties particularly include

a) making decisions regarding disciplinary actions against members of the High Court, insofar as the Grand Council is not competent;

b) supervising and overseeing judicial authorities and their members, as long as the full court is not responsible, and these tasks are not assigned to another committee or the presidency in the bylaws;

c) making personnel decisions, insofar as the full court is not responsible;

d) having the right to incur obligations within the approved budget, as long as this expenditure authority is not assigned to the presidency or the Secretary General in the bylaws.

4. The decisions of the Administration Commission are valid if at least two-thirds of the members of the Administration Commission participate in the meeting or circular process.

1. The President

a) represents the Supreme Court externally;

b) presides over the plenary court and the administrative commission;

c) prepares the affairs for the plenary court and the administrative commission;

d) implements the decisions of the courts' governing bodies;

e) fulfills additional tasks assigned to him or her by law or regulation.

2. If the President is unable to fulfill these duties, the Vice President shall represent him or her. The Vice President assumes the presidential duties and responsibilities.

1. The Higher Court regulates its organization and administration in rules of procedure.

1. The High Court consists of a President, a Vice President, and other full-time members necessary for high-quality and swift handling of business. The total number of positions amounts to at least eleven full-time equivalents.

2. The Grand Council determines the total number of positions before each renewal election. It is not bound to the minimum employment level of 50% of positions.

3. If the High Court cannot handle the regular workload with the total number of positions determined at the renewal elections, the Grand Council will increase the allocation as required.

4. If a High Court judge resigns or does not stand for re-election, the Grand Council will assess whether a complete or partial waiver of refilling the position is possible.

1. The Grand Council shall determine, before the election and upon the request of the Superior Court, the number of superior court judges and their employment percentage.

2. Only persons occupying the judicial office with an employment percentage of at least 80 percent may be elected as President or Vice-President. The other superior court judges shall work with an employment percentage of at least 50 percent, unless otherwise provided by law.

3. The Grand Council may, after consulting the Superior Court, allocate positions for which no incumbent member stands for re-election into part-time positions with an employment percentage of at least 50 percent. This procedure applies analogously for supplementary and replacement elections as well as partial resignations.

1. Members of the Supreme Court who become parents through birth or adoption are entitled to a reduction in their employment percentage by up to 20 percent. The employment percentage must not fall below 50 percent.

2. The entitlement to a reduction must be claimed no later than six months after the establishment of the parental relationship.

3. If a member reduces their employment percentage, the Supreme Court may increase the employment percentage of one or more other members accordingly, with their consent.

4. If the percentage positions that become available due to the change in employment percentage cannot be filled internally, the Grand Council shall establish a new judge position and fill it.

5. Employment on a reduced scale can commence as soon as another member has extended or newly taken up their duties to the extent of the reduction, but no later than the first of the month following the end of one year after the establishment of the parental relationship.

1. The Supreme Court may, during the term of office, change the employment level of the judges with the consent of the affected individual, up to the end of the term of office. The total number of positions must not be exceeded.

2. The Supreme Court must request a supplementary election if, due to the change in the employment level of one or more members, a position with an employment level of at least 50 percent is vacated. The Supreme Court's request shall include the partial resignation statements required for the changes in employment levels.

3. If the total number of positions is reduced by less than 50 percent as a result of employment level changes, the Supreme Court shall take measures necessary to continue ensuring high-quality and prompt case handling. The costs of these measures must not exceed the savings achieved by the Supreme Court through changing the employment level of one or more members.

1. The Grand Council elects the President, the Vice President, and the other members of the Superior Court in separate ballots.

2. Excluded are

a) the immediate re-election as President, if he or she has held this position throughout the entire preceding term;

b) the election of the current President as Vice President;

c) the immediate re-election as Vice President, if he or she has held this position throughout the entire preceding term.

3. The majority required for an election is calculated according to the Law on Political Rights in the Canton of Graubünden. Furthermore, the election procedure is governed by the Rules of Procedure of the Grand Council, unless otherwise provided for in this law.

1. The committee responsible for justice of the Grand Council assesses the candidates for their personal and professional suitability. It may involve the Supreme Court or other bodies. It may condition the suitability assessment on the submission of the candidacy by a certain deadline.

2. The committee responsible for justice of the Grand Council may assess the personal and professional suitability of members of the Supreme Court standing for re-election. If it intends to deem a member of the Supreme Court standing for re-election as unsuitable, it must inform the affected person in due time before the end of the term of office and give the Supreme Court an opportunity to comment.

3. The committee informs the Grand Council if it considers a person unsuitable. It submits the statements of the affected person and the Supreme Court to the Grand Council for information.

1. If a new position is to be filled or not all incumbent members of the High Court are standing for re-election, the commission of the Grand Council responsible for the judiciary announces the position publicly.

2. The job announcement indicates the faction that can logically claim the position to be filled.

1. Members of the Supreme Court shall inform the committee responsible for justice in the Grand Council and the Supreme Court one and a half years before the end of their term of office if they wish to change their employment level upon reelection.

2. The Supreme Court shall inform the committee responsible for justice in the Grand Council about the supervisory procedures that have been conducted or initiated against members of the Supreme Court during their term of office.

3. The factions may question the members standing for reelection on matters of judicial administration, insofar as they pertain to their suitability.

1. Extraordinary Judges may be elected

a) for the duration of the impediment, if a judge is likely to be prevented from performing their duties for several months due to impairment of physical, mental, or psychological health, or for other reasons;

b) for a maximum of two years, if the superior court is no longer able to resolve legal disputes within a reasonable period of time due to an exceptionally high workload, or if such a condition threatens to arise due to an extraordinary increase in workload.

1. The regulations regarding the requirement of residence, age limit, and proportional representation do not apply to extraordinary judges.

2. Members of the regional courts and conciliation authorities, as well as registrars, are eligible to be elected as extraordinary judges.

3. Otherwise, the same personal and professional requirements apply to extraordinary judges as to regular judges.

1. The commission responsible for justice within the Grand Council has final authority for the co-optation of extraordinary judges.

2. With the co-optation, it determines the number of extraordinary judges, their level of employment, and the duration of their employment relationship. An additional budget appropriation is not required.

3. The co-optation procedure can be initiated upon the request of the Higher Court or ex officio.

4. In cases of urgent temporal necessity, a public tender may be waived if quality appointments can be assured.

5. Otherwise, Article 48 paragraph 3 and Article 50 apply mutatis mutandis to the co-optation procedure.

1. The Higher Court appoints the necessary number of clerks in accordance with the personnel regulations of the canton. It determines the scope of work.

2. A person can be employed as a clerk if they have completed legal training and, as a rule, hold a lawyer's license.

1. Actuaries are prohibited from engaging in any secondary employment that could impair the exercise of their duties, independence, or the reputation of the High Court.

2. In particular, they may not

a) Represent parties in proceedings that are to be adjudicated by a division of the High Court to which they are assigned;

b) Represent parties in proceedings that, upon appeal, are to be adjudicated by a division of the High Court to which they are assigned;

c) Work for an authority whose actions or decisions are subject to review by a division of the High Court to which they are assigned in the event of a dispute.

3. Independent and dependent professional activities require approval from the High Court.

4. Unpaid secondary employment must be reported to the High Court.

1. The President and the Division Chairs decide on the ad hoc involvement of registrars.

2. If their workload at the Higher Court exceeds 40 percent, the same provisions regarding secondary employment apply to them as to the regular registrars.

1. The Secretary General shall preside over the court administration of the Higher Court. He or she is responsible for personnel, financial, and accounting matters as well as the infrastructure of the Higher Court.

2. The Secretary General shall participate in the meetings of the full court and the Administrative Commission with an advisory vote. He or she prepares the affairs of the full court and the Administrative Commission under the direction of the President and implements them jointly with the President.

1. The Cantonal Coercive Measures Court consists of a minimum of three individual judges.

1bis. The Grand Council determines, at the beginning of each term, the total number of individual judges for the Cantonal Coercive Measures Court upon the proposal of the Superior Court.

1ter. If the Cantonal Coercive Measures Court cannot manage its caseload with the number of individual judges determined for the respective term, the Grand Council shall, upon the proposal of the Superior Court, increase the number of individual judges to the necessary extent.

2. The Coercive Measures Court is independent in its adjudication and solely bound by the law.

3. Administratively, it is affiliated with a regional court. It has a delivery address there, can utilize the infrastructure of the designated regional court, and draw on its staff.

1. The Grand Council appoints the members of the Cantonal Coercive Measures Court upon the proposal of the Superior Court from the pool of full-time members of the Regional Courts for a term of four years.

2. The composition of the Cantonal Coercive Measures Court is to be reported to the supervisory authority and made publicly known.

1. If the cantonal court of coercive measures cannot be constituted due to reasons of impediment or recusal, the higher court shall appoint a substitute from among the full-time members of the regional courts who preside over a criminal chamber and are not members of the cantonal court of coercive measures.

1. The Judicial Court consists of a president, two additional members, and two deputies.

2. The Judicial Court is independent in its adjudication and committed solely to the law.

3. It may appoint a secretariat and a clerk's office.

4. The Judicial Court determines its location in its bylaws. This must be situated in the Canton of Graubünden.

5. The location and composition of the Judicial Court must be publicly disclosed.

1. Members of the Justice Court must not

a) belong to any other judicial authority within the Canton of Graubünden;

b) practice as attorneys in the Canton of Graubünden.

2. Furthermore, the same personal and professional requirements apply to the members of the Justice Court as to the extraordinary judges of the Superior Court.

1. The Grand Council elects the President, the other members, and the deputy members of the Court of Justice in separate ballots.

2. By-elections during the term of office are possible.

3. Articles 48 to 51 apply mutatis mutandis to the election procedure.

1. The court of justice generally decides with a panel consisting of three judges.

2. If an appeal is clearly inadmissible or obviously justified or unfounded, the chairperson decides with sole judicial authority.

1. If the judiciary court cannot be supplemented by an elected deputy due to reasons of recusal or impediment, the commission responsible for justice in the Grand Council shall appoint a deputy until the final legal conclusion of the respective proceedings or until the anticipated elimination of the impediment.

2. The deputy must meet the same personal and professional requirements as the member being replaced.

1. The President leads the Court of Justice, oversees its activities, and represents the court externally.

2. He or she submits the budget, annual financial statements, and the activity report to the Grand Council for approval.

3. In the Grand Council, the budget, as well as the annual financial statements and activity report of the Court of Justice, are represented by the President of the Superior Court.

1. The judicial court regulates its organization and administration through rules of procedure.

1. Each regional court appoints a civil chamber and a criminal chamber and publicly announces their composition.

1. The regional courts generally decide cases with a panel of three judges.

2. They decide on legal questions of fundamental importance with a panel of five judges.

3. If a submission is clearly inadmissible or obviously unfounded, the chairperson decides in a single-judge capacity.

4. By order of the chairperson, the regional courts may decide in a panel of three judges on matters for which single-judge competency is provided, and in a panel of five judges on matters for which a three-judge panel is provided.

5. The law may provide for a panel of five judges or for single-judge competency in specific areas.

1. The judges are obliged to substitute in the other chamber.

2. If a regional court cannot be fully composed due to reasons of prevention or disqualification, the superior court may supplement it with members from another regional court or declare another regional court competent.

1. The plenary assembly of each regional court comprises the regular members.

2. It is responsible for

a) the appointment of the panels;

b) the appointment of the presiding judges of the panels and their deputies;

c) the election of the part-time vice presidents;

d) the election of the additional member of the administrative commission.

3. Resolutions of the plenary assembly are valid if at least two-thirds of the members of the plenary assembly participate in the meeting or the circular procedure.

1. The Administrative Commission is composed of the President, the Vice President, and one additional member.

2. The additional member is elected from among the regular members of the respective Regional Court every four years following the renewal elections. By-elections are possible.

3. The Administrative Commission is responsible for

a) issuing the rules of procedure;

b) adopting the budget and annual financial statements for submission to the High Court;

c) coordinating case law among the chambers;

d) making decisions related to administrative oversight against members of the Regional Court, insofar as the Grand Council is not responsible;

e) supervising the mediation office and the conciliation authority for tenancy matters, as well as their members, provided this task is not assigned to the presidency in the rules of procedure;

f) electing persons to be chosen by the Regional Court, insofar as the full court is not responsible;

g) hiring and dismissing permanent employees;

h) other tasks assigned to it by law or regulation.

4. Resolutions of the Administrative Commission are valid if at least two members participate in the meeting or circular procedure.

1. The President shall fulfill all the duties of judicial administration that are not assigned to any other body.

2. The President is specifically responsible for

a) representing the regional court externally;

b) chairing the administrative commission;

c) preparing matters for the administrative commission;

d) making decisions related to personnel law, insofar as the administrative commission is not responsible;

e) the right to incur obligations within the approved budget;

f) implementing the supervisory orders of the superior court;

g) implementing the resolutions of the full court, the administrative commission, and the presidency.

3. If the President is prevented from performing their duties, the Vice President shall represent them. The Vice President shall assume the presidential responsibilities and competencies.

1. Actuaries are prohibited from serving as part-time judges at the same court concurrently.

2. If their appointment at a regional court exceeds 40 percent of a full-time position, the same regulations regarding secondary employment apply to them as to the regular actuaries of the higher court.

3. The president decides on the engagement of actuaries on an ad hoc basis.

1. Each regional court regulates the distribution of assignments to the chambers and the formation of the adjudicatory bodies in rules of procedure.

2. The rules of procedure may contain further regulations concerning organization and administration.

3. The rules of procedure must be approved by the superior court.

1. The district courts consist of the full-time and part-time members necessary for the efficient and swift conduct of business.

2. Typically, a district court is composed of a full-time president, a full-time vice president, and eight part-time judges. At a minimum, a district court consists of a full-time president, a part-time vice president, and seven additional part-time judges.

3. Prior to the re-elections, the Grand Council determines the total staffing level for each district court based on the proposal of the Supreme Court.

4. If a district court cannot handle the ordinary workload with the total staffing level established during the re-elections, the Grand Council shall increase the staffing accordingly, at the request of the Supreme Court.

5. If a full-time district judge resigns or does not stand for re-election, the Grand Council shall, upon the request of the Supreme Court, assess whether the position needs to be fully or partially refilled.

1. The Grand Council establishes the number of full-time regional judges and their employment percentage upon the proposal of the Superior Court before the election.

2. As a rule, only individuals who perform the judicial office with an employment percentage of at least 80% can be elected as President of the Regional Court. This minimum employment percentage does not apply to the President of the Regional Court Bernina.

3. The Grand Council may, after consulting with the Superior Court, divide positions for which no current member stands for re-election into part-time positions with an employment percentage of at least 50%. This procedure applies correspondingly to supplementary and replacement elections as well as to partial resignations.

1. Members in full-time positions at the regional courts who become parents through birth or adoption are entitled to reduce their employment level by a maximum of 20 percent. The employment level must not fall below 50 percent.

2. The entitlement to a reduction must be claimed no later than six months after the establishment of the parent-child relationship.

3. If a full-time member reduces their employment level, the affected regional court may, with their consent, increase the employment level of one or more of its other full-time members accordingly.

4. If the positions freed up due to the change in employment levels cannot be filled internally by the court, the Grand Council shall create a new judicial position and fill it.

5. Employment at a reduced level may commence as soon as another member has extended or newly commenced their duties to the extent of the reduction, but no later than the 1st of the month following one year after the establishment of the parent-child relationship.

1. The regional courts may, during the term of office, change the employment level of full-time members with the consent of the person concerned up to the end of the term of office. The total number of positions must not be changed.

1. The full-time members of the regional courts shall notify the higher court and the regional court to which they belong one and a half years before the end of their term of office if they wish to change their employment level upon re-election.

2. The higher court shall assess the suitability of candidates. It shall make a public announcement if it deems any candidates admitted to the election as unsuitable.

3. The eligible voters of the respective region shall elect in separate ballots

a) the full-time president;

b) the full-time vice president;

c) the full-time judges;

d) the other judges.

4. The regional courts shall elect the part-time vice presidents from among the part-time judges for a term of four years. By-elections are possible.

1. Extraordinary Judges may be elected

a) for the duration of the impediment, if there is an exceptional situation as defined in Article 52 paragraph 1 letter a, which a regional court cannot manage with full-time and part-time judges;

b) for a maximum of two years, if there is an exceptional situation as defined in Article 52 paragraph 1 letter b, which a regional court cannot manage with full-time and part-time judges.

1. The provisions regarding the residence requirement and the age limit do not apply to extraordinary judges.

2. Members of the Higher Court, other regional courts, conciliation authorities, as well as registrars, are eligible to be elected as extraordinary judges.

3. In other respects, the same personal and professional qualifications apply to extraordinary judges as to full-time members of the regional courts.

1. The commission responsible for justice within the Grand Council has exclusive authority over the appointment of ad hoc judges.

2. In making appointments, the commission determines the number of ad hoc judges, their level of employment, and the duration of their contracts. No supplementary budget is required.

3. The appointment procedure may be initiated at the request of the Supreme Court or ex officio.

4. In cases of urgent necessity, a public call for applications may be waived if a high-quality appointment can be assured.

5. Additionally, Articles 48 paragraph 3, Article 49 paragraph 1, and Article 50 shall apply mutatis mutandis to the appointment procedure.

1. A conciliation authority exists as a mediation office in each region.

2. The mediation office is composed of a mediator and a deputy mediator. The members of the mediation offices may operate in multiple regions.

3. The mediation office is professionally autonomous, judicially independent, and solely bound by the law.

4. Administratively, it is affiliated with the regional court of the respective region.

5. The superior court regulates the organization and the management of the mediation offices by means of an ordinance.

1. The Regional Court elects a mediator and a deputy for a term of four years.

2. By-elections during the term of office are possible.

3. The Regional Court publicly advertises positions to be filled, unless current members are running for re-election.

4. The composition of the mediator's office must be publicly announced.

1. If the mediator cannot be replaced by the deputy due to reasons for disqualification, the Regional Court appoints a substitute from among the members of another mediation office.

2. If the mediator cannot be replaced by the deputy due to reasons of incapacity, the Regional Court appoints a substitute until the anticipated cessation of the incapacity. Article 35 is not applicable. Otherwise, the same rules apply to the substitute as to the member being replaced.

1. For disputes arising from the rental and lease of residential and commercial premises, a conciliation authority exists in each region.

2. The conciliation authority for rental matters is composed of

a) the mediator of the respective region (Chair);

b) one representative each from the tenants' and landlords' sides;

c) one deputy each from the tenants' and landlords' sides.

3. The conciliation authority for rental matters is professionally autonomous, judicially independent, and bound only by law.

4. Administratively, it is affiliated with the regional court of the respective region.

5. The higher court regulates the organization and administration of the conciliation authorities for rental matters through an ordinance.

1. The regional court elects the representatives of the tenants' and landlords' sides, as well as their deputies, for a term of four years.

2. Substitute elections during the term are possible.

3. The tenants' and landlords' organizations submit proposals to the regional court for the election of their representatives. If they do not submit proposals within the specified deadline, the regional court appoints the parity representatives.

4. The composition of the conciliation authority for rental matters is to be publicly announced.

1. If the Conciliation Authority for Rental Matters cannot be supplemented by an elected representative due to conflicts of interest, the Regional Court appoints the representative from among the members of another Conciliation Authority for Rental Matters.

2. If the Conciliation Authority for Rental Matters cannot be supplemented by an elected representative due to reasons of unavailability, the Regional Court appoints and swears in a representative until the expected cessation of the unavailability reason. Article 35 does not apply. Otherwise, the same regulations apply to the representative as to the member being replaced.

1. The conciliation authority for rental matters may delegate the advisory service as per Article 201 paragraph 2 of the Swiss Code of Civil Procedure to the chairperson of another conciliation authority for rental matters.

2. If none of the individuals pursuant to paragraph 1 are willing to undertake this task, the conciliation authority for rental matters may delegate the advisory service to third parties or employ someone for this purpose.

1. In cases arising under the Equality Act, there exists a cantonal conciliation authority.

2. The conciliation authority for equality matters is composed of

a) a chairperson;

b) a representative from both the employers' side and the employees' side;

c) an alternate representative from both the employers' side and the employees' side.

3. The conciliation authority for equality matters operates with professional independence, is impartial in its adjudication, and is accountable solely to the law.

4. For conciliation proceedings, the conciliation authority for equality matters may utilize the premises available to mediation offices for conciliation hearings.

5. Administratively, the conciliation authority for equality matters is affiliated with the High Court. It has a service address there.

1. The Superior Court elects the members of the Conciliation Authority for Equality Matters for a term of four years.

2. The employer and employee organizations submit proposals to the Superior Court for the election of their representatives. If they do not submit proposals within the deadline, the Superior Court appoints the equal representation.

3. The composition of the Conciliation Authority for Equality Matters must be publicly announced.

1. If the conciliation authority for equality matters cannot be supplemented by an elected deputy due to reasons of recusal or impediment, the higher court shall appoint and swear in a deputy until the final conclusion of the respective proceedings or until the anticipated removal of the impediment.

2. The deputy must meet the same personal and professional qualifications as the member to be replaced.

1. The Conciliation Authority for Equality Matters delegates the advisory activity according to Article 201 paragraph 2 of the Swiss Code of Civil Procedure to third parties or appoints someone for this purpose.

1. Supervision over the judicial authorities pertains solely to judicial administration. In matters of the judiciary, no instructions or directives shall be issued to the judicial authorities.

2. Supervision ensures that the judicial authorities act legally, appropriately, and economically in the area of judicial administration. It intervenes against irregularities both ex officio and upon complaint.

1. Everyone may file a supervisory complaint with the supervisory authority against breaches of official duty by judicial authorities or their members, insofar as the alleged violation of law pertains to the area of judicial administration and cannot be asserted by means of a legal remedy.

2. The proceedings are governed by the Administrative Procedure Act.

1. The judicial authorities are obliged to provide the supervisory authority and the independent expert appointed by it with the required information, as well as to grant access to the files and premises, insofar as this is necessary for the fulfillment of their duties.

2. The members of the judicial authorities are obliged to cooperate in establishing the facts. The obligation to cooperate ceases if a member of a judicial authority would thereby incriminate himself criminally.

1. Disciplinary measures may be taken against members of the judicial authorities who have culpably violated their official duties as follows

a) Reprimand;

b) Fine up to 10,000 Swiss Francs;

c) Removal from office.

2. The disciplinary measures are determined particularly in consideration of the severity of the violation of official duties, the culpability, motives, previous conduct, as well as the position and responsibility of the member of the judicial authority.

3. Removal from office can only be ordered if a member of a judicial authority during their term of office

a) has deliberately or through gross negligence severely violated official duties;

b) has been finally convicted of a crime based on an act that is incompatible with judicial activity.

1. Disciplinary prosecution becomes time-barred within two years from the date the supervisory authority becomes aware of the incident subject to disciplinary action, and in any case, within five years after the incident subject to disciplinary action has occurred.

2. If criminal proceedings are initiated based on the facts underlying the disciplinary procedure, the limitation period for prosecution begins upon the finality of the criminal judgment.

3. If a first-instance decision under service supervision law is issued before the expiration of the limitation period for prosecution, the limitation period ceases to apply.

1. The supervisory authority determines in the case of a dispute that a member of a judicial authority has by law vacated their office if they have

a) validly resigned;

b) not been re-elected;

c) lost the ability to perform judicial duties;

d) lost the right to vote;

e) taken residence in another canton, provided that cantonal residence is a requirement for eligibility;

f) reached the age limit up to which the judicial office can be held;

g) accepted an office incompatible with the judicial office, provided that this action is deemed as a renunciation of the judicial office.

1. The Grand Council decides on the removal from office of a member of a court and, in the event of a dispute, on the withdrawal of a member of a court by operation of law.

2. In the proceedings pursuant to paragraph 1, the Grand Council may also impose other disciplinary measures, as well as decide on the timing of the termination of the employment relationship and other employment-related claims, insofar as these are disputed.

1. Insofar as the Grand Council is not responsible, the Higher Court decides on matters of service supervision concerning

a) its members;

b) the members of the Regional Courts;

c) the members of the Conciliation Authority for Equality Matters.

1. To the extent that the Grand Council is not competent, the Judicial Court decides on matters of administrative oversight concerning its members.

1. Unless the Grand Council is responsible, the regional courts shall decide on matters of administrative supervision concerning

a) their members;

b) the members of the conciliation authorities, who are under their supervision.

2. They shall inform the higher court of their decisions on matters of administrative supervision.

1. Disciplinary proceedings conducted by the Grand Council may be initiated

a) upon request by the Supreme Court;

b) upon request by a member of a court, to clear themselves from the accusation of having committed a breach of official duty that may result in dismissal;

c) ex officio, if there are reasonable indications of a breach of official duty that could result in dismissal, or if the termination of office under the law is disputed.

2. Furthermore, the provisions applicable to the dismissal of members of the Grand Council or the government apply mutatis mutandis to the disciplinary proceedings conducted by the Grand Council.

1. Further administrative supervisory proceedings may be initiated

a) at the request of the commission responsible for justice of the Grand Council;

b) at the request of the judicial authority to which the affected person belongs;

c) at the request of a member of a judicial authority, to exonerate himself/herself from the accusation of having committed a breach of official duty;

d) ex officio, when there are substantiated indications of a violation of official duty.

2. Independent, expert individuals may be appointed to conduct the disciplinary investigation.

3. Precautionary measures may be ordered if the breach of official duties has been credibly demonstrated and the functioning of the affected judicial authority is at risk.

4. Insofar as judicial authorities are not themselves competent to make decisions, they have party status in the proceedings concerning them.

5. If criminal proceedings have been initiated against a member of a judicial authority based on the facts underlying the administrative supervisory proceedings, the supervisory proceedings must be suspended. Suspension can be waived in exceptional cases.

6. Members of the judicial authorities may be required to undergo a medical examination by a trusted physician.

7. Administrative supervisory proceedings are free of charge. In cases of frivolous actions, procedural costs may be imposed.

8. In all other respects, the administrative supervisory procedure and subsequent appeal procedure shall be governed by the Law on Administrative Justice.

1. The supervisory authority may appoint a neutral and qualified person as a mediator with the goal of reaching a settlement.

2. The mediator may take evidence. Expert opinions may only be obtained with the consent of the supervisory authority.

3. The supervisory authority incorporates the settlement into its decision if it is lawful.

1. The judicial authorities shall conduct continuous oversight over all initiated legal proceedings and the manner of their resolution.

1. The judicial authorities shall report annually to the supervisory authority on their business activities.

2. The business report of the regional courts shall also refer to the activities of the conciliation authorities under their supervision. The business report of the higher court shall cover all judicial authorities.

3. The business reports shall provide at least information on the jurisprudence and case statistics.

1. The Upper Court reviews and approves the budget and annual accounts of the Regional Courts.

2. The cantonal financial control audits, on behalf of the Great Council, the budget and annual accounts of the Upper Court and the Court of Justice, as well as the approved budgets and annual accounts of the Regional Courts.

1. The supervisory authority may direct the supervised judicial authority to perform a task.

2. If this directive is disregarded, the supervisory authority may assign another judicial authority or a third party to carry out the task.

3. Unless there is imminent danger, it shall warn the judicial authority of the substitute performance, granting an appropriate deadline.

4. The delinquent judicial authority shall bear the costs incurred by the supervisory authority due to the substitute performance.

1. The supervisory authority may entrust the administrative investigation to an independent and knowledgeable person to clarify matters of judicial administration that require intervention ex officio.

2. The appointed person is bound only by the law and the mandate.

3. They may take evidence. Expert opinions may only be obtained with the consent of the supervisory authority. The taking of evidence is governed by the law on administrative proceedings.

4. The appointed person summarizes the results of the investigation in a report and formulates proposals for further action. They submit the report along with the investigation files to the supervisory authority.

1. The Grand Council exercises supervision over the Superior Court and the Judicial Court, as well as oversight over the other judicial authorities.

1. The Supreme Court is the highest internal judicial management and leadership body.

2. It exercises supervision over the Regional Courts, the Cantonal Compulsory Measures Court, and the Conciliation Authority for Equality Matters, as well as the oversight over the conciliation authorities supervised by the Regional Courts.

1. The Expanded Administrative Commission serves to facilitate the exchange of information between judicial authorities and to ensure adequate involvement of the supervised judicial authorities in matters of judicial oversight.

2. The Supreme Court must present at least the following matters of judicial oversight to the Expanded Administrative Commission for consultation before making a decision

a) Regulations of the Supreme Court concerning matters of judicial oversight;

b) Concepts regarding oversight and controlling;

c) Directives that are directed at all or at specific categories of judicial authorities;

d) Measures for quality assurance;

e) Measures for further education.

3. The Expanded Administrative Commission may issue opinions on the matters presented to it for the attention of the Supreme Court.

**1. The Extended Administrative Commission includes the members of the Administrative Commission of the Higher Court and five members of the Regional Courts.**

2. The presidents of the Regional Courts select the five members of the Extended Administrative Commission following the renewal elections for a term of four years from the pool of regular full-time members of the Regional Courts. In doing so, they must ensure appropriate representation of small, medium, and large Regional Courts as well as consider linguistic and regional particularities. Substitute elections are possible.

3. The President of the Higher Court chairs the Extended Administrative Commission.

4. Each member of the Extended Administrative Commission can request the chairperson to convene a meeting or to place matters of judicial supervision on the agenda.

5. The Extended Administrative Commission meets at least twice a year.

6. Resolutions of the Extended Administrative Commission are valid if at least the majority of the members of the Extended Administrative Commission participate in the meeting.

1. The Secretary-General participates in the meetings of the expanded Administrative Commission with an advisory vote.

2. Under the direction of the chairperson, they prepare the business of the expanded Administrative Commission.

1. The regional courts supervise the conciliation authorities affiliated with them.

**1. The Great Council elects the President, the Vice President, and the other members of the Higher Court initially in separate ballots, by no later than December 2023. The term of office begins on January 1, 2025.**

2. For the appointment of judge positions at the Higher Court, for which incumbent members of the Cantonal or Administrative Court stand for election, Articles 49(2) and (3) as well as Article 51 apply mutatis mutandis.

3. For the appointment of judge positions at the Higher Court, for which no incumbent member of the Cantonal or Administrative Court stands for election, Articles 49(1) and (3) as well as Article 50 apply.

4. The majority required to achieve an election is calculated according to the law on political rights in the Canton of Graubünden. Furthermore, the election procedure is governed by the rules of procedure of the Great Council, unless otherwise provided in this law.

1. The Grand Council elects the members of the Judicial Court for the first time by no later than June 2024. The term of office begins on January 1, 2025.

1. Employment contracts existing at the time of the entry into force of this law between the Cantonal Court or the Administrative Court and their employees must be rewritten within six months to designate the Superior Court as the new employer.

2. The remaining powers, assets, and liabilities of the Cantonal and Administrative Courts are transferred to the Superior Court without compensation upon the entry into force of this law.

3. The eligibility of members of judicial authorities standing for re-election is governed by the rules that were in effect at the time of their last election prior to the entry into force of this law. Other regulations concerning the employment status of members of the judicial authorities shall apply upon the entry into force of this law.

4. If the six-month period for asserting the right to reduce employment due to birth or adoption has not expired before the entry into force of this law, this right may be asserted no later than six months after the entry into force of this law.

5. Proceedings pending at the Cantonal or Administrative Court at the time of the entry into force of this law shall be transferred to the Superior Court upon the entry into force of this law.