Ordinance on the Organisation and Management of the High Court (OGV) - Subject Matter and Scope (OGV)

1. This regulation specifies the organization and administration of the Supreme Court.

2. In the area of judicial supervision, it determines which body of the Supreme Court is responsible for the individual tasks of organizational and service supervision. Furthermore, the implementation of supervision and the activities of the Supreme Court as the highest internal judicial management and leadership body are the subject of the regulation on judicial supervision.

1. The Higher Court comprises the following divisions

a) the Constitutional and Administrative Law Division;

b) the Social Security Law and Arbitration Division;

c) the Civil Law Division;

d) the Criminal Law Division.

2. The divisions are organized into the following chambers

a) Constitutional and Administrative Law Division

1. First Constitutional and Administrative Law Chamber;

2. Second Administrative Law Chamber;

3. Third Administrative Law Chamber.

b) Social Security Law and Arbitration Division

1. First Social Security Law Chamber;

2. Second Social Security Law Chamber;

3. Arbitration Tribunal in Social Security Law Matters.

c) Civil Law Division

1. First Civil Law Chamber;

2. Second Civil Law Chamber;

3. Debt Enforcement and Bankruptcy Chamber.

d) Criminal Law Division

1. First Criminal Law Chamber;

2. Second Criminal Law Chamber.

1. The First Constitutional and Administrative Law Chamber adjudicates complaints and claims from the fields of constitutional and administrative law that are not assigned to any other chamber, particularly from the following areas of law

a) Political rights;

b) Residence, settlement, and citizenship;

c) Aliens law and coercive measures in aliens law;

d) Trade police;

e) Acquisition of real estate by persons abroad;

f) Concessions;

g) Other police law;

h) Personnel law;

i) Notarial law;

j) Education and culture;

k) Road law;

l) Submissions;

m) Water management and public services;

n) Public property;

o) Regress claims from state liability;

p) Principle of public access;

q) Economic promotion measures;

r) Other administrative law.

1. The Second Administrative Law Chamber adjudicates appeals and claims from the following areas of law

a) Fees;

b) Substitute payments;

c) Perimeters and other contributions;

d) Cantonal and municipal taxes;

e) Direct federal tax;

f) Church tax;

g) Guest tax, accommodation levy, and tourism promotion levy;

h) Expropriation;

i) Official valuation;

j) Disaster relief, fire brigade, and civil protection.

1. The Third Administrative Chamber decides on complaints and appeals from the following legal areas

a) Building outside of construction zones;

b) Building law;

c) Nature, heritage, and monument protection;

d) Urban planning;

e) Environmental and water protection;

f) Forestry law;

g) Building and natural disaster damage;

h) Agriculture;

i) Road and hydraulic engineering;

j) Land register.

1. The First Chamber for Social Insurance Law adjudicates over appeals and claims in the following areas of law

a) Disability insurance;

b) Health insurance;

c) Military insurance;

d) Health and animal welfare;

e) Social assistance;

f) Recovery of granted free legal aid.

1. The Second Chamber for Social Insurance Law adjudicates on appeals and claims in the following areas of law

a) Old-age and survivors' insurance;

b) Accident insurance;

c) Unemployment insurance;

d) Occupational pension provision;

e) Supplementary benefits and income compensation scheme;

f) Family allowances;

g) Victim assistance.

1. The Arbitration Tribunal in Social Insurance Matters adjudicates disputes between insurers and service providers for which federal social insurance law provides for an arbitration procedure.

2. Its composition is determined according to Article 89 paragraph 4 of the Federal Health Insurance Act and Article 4 paragraph 2 of the Introductory Act to the Conciliation and Arbitration Procedure under Federal Social Insurance Law.

1. The First Civil Chamber decides on civil law disputes in which the Higher Court is the sole cantonal instance, as well as on civil law appeals, complaints, and revisions in the following areas of law

a) Civil Code;

b) Decrees related to the Civil Code, particularly the Reproductive Medicine Act, Data Protection Act, Federal Act on Rural Land Law, Federal Act on the Acquisition of Real Estate by Persons Abroad.

1. The Second Civil Chamber adjudicates civil disputes where the Supreme Court is the only cantonal instance, as well as civil appeals, complaints, and revisions in the following legal areas

a) Law of Obligations;

b) areas related to the Law of Obligations, particularly liability law under special statutes, insurance contract law, gender equality, consumer protection, Merger Act;

c) private competition law, antitrust law, and intellectual property;

d) arbitration in civil disputes;

e) state liability.

1. The Debt Enforcement and Bankruptcy Chamber executes the tasks assigned to the High Court as the supervisory authority over debt enforcement and bankruptcy.

2. It also decides on appeals against matters judged in summary proceedings under debt enforcement and bankruptcy law (Article 251 of the Code of Civil Procedure).

1. The First Criminal Chamber is the appellate court within the meaning of the Code of Criminal Procedure.

2. It also functions as an appellate instance within the meaning of the Juvenile Criminal Procedure Code.

1. The Second Criminal Chamber serves as the appellate body within the meaning of the Code of Criminal Procedure and adjudicates criminal appeals pursuant to cantonal law. Excluded from this are coercive measures in immigration law.

2. It also acts as the appellate body within the meaning of the Juvenile Criminal Procedure Code.

1. In the allocation of a case to a chamber, the decisive factor is the legal issue on which the focus of the decision lies.

2. If the main subject concerns procedural disputes, the cost issue, the granting of legal aid, or the enforcement of a judgment, jurisdiction is determined based on the substantive legal main issue underlying the decision.

3. If multiple chambers are eligible to handle a dispute, their chairpersons shall determine the competent chamber by mutual agreement. If no agreement is reached, the assignment is made by the president.

1. Each chamber shall include at least one chairperson, one deputy, and one additional judge.

2. The composition of the chambers shall be publicly disclosed.

1. The judging panel of a chamber generally consists of a chairperson, a deputy, and an additional judge.

2. The chairperson shall be a judge who is proficient in the language of the proceedings.

3. If a chamber is staffed with multiple chairpersons or more than three judges, the allocation is based on a predetermined key, determined according to the order of incoming cases, by areas of law, or other relevant criteria.

4. If the judging panel cannot be composed according to paragraphs 1 to 3, the following criteria, among others, shall be considered in its determination

a) expertise in a specific field;

b) the balance of workload among judges, taking into account additional burden based on function and the workloads of the judges;

c) the participation of members of both genders, depending on the nature of the case;

d) participation in previous decisions in the same field;

e) connectivity between cases;

f) language;

g) absences, particularly due to illness or vacation.

5. The member requested to take a seat is to be heard. In case of disagreement, the president shall decide.

6. The chairperson acts as a single judge where single judge jurisdiction is provided.

7. If a panel of five judges is intended or ordered (Art. 38 para. 2 and para. 4 GOG), the chairperson appoints the additional judges according to the criteria set forth in paragraph 4.

1. The chairpersons are responsible as instructing judges for the conduct of proceedings in the cases assigned to them.

2. They conduct the proceedings themselves and may consult a registrar if necessary.

1. Within the framework of procedure management, the chairpersons have, in particular, the following responsibilities

a) Instructions to the court office regarding the recording and processing of cases in accordance with internal court guidelines;

b) Issuance of necessary procedural orders, including orders on provisional measures and legal aid;

c) Conducting evidence proceedings, insofar as the entire panel is not responsible for them;

d) Examination of whether questions of fundamental legal importance arise;

e) Arrangement and management of hearings.

2. The chairperson may direct that procedural orders and the conducting of evidence proceedings be handled by the entire panel.

3. Orders and correspondence may be signed on behalf of the chairperson by the clerk or the court office. In the event of prevention, the respective deputy signs in representation or in their own name.

1. If a hearing takes place before the collegial court, the files, along with any records of preliminary investigations, shall be made available to the members of the adjudicating body in advance.

2. The chairperson may order the presence of the police during the hearing.

3. Judges and clerks must wear appropriate attire during hearings.

1. The chairperson prepares the case for circulation or deliberation in the collegial court.

2. In proceedings without oral hearings, a comprehensive draft decision or at least a summary report with a proposal is usually prepared.

3. The chairperson may involve a clerk for the clarification of specific questions or the drafting of a report or decision draft or portions thereof.

1. If the decision is to be made by circular procedure, the draft decision along with the files shall be circulated among the other members of the adjudicatory body.

2. If they agree with the ruling and the reasoning, the draft shall be elevated to a decision.

3. A deliberation takes place if a member of the adjudicatory body submits a motion for amendment and the chairperson insists on the draft. Otherwise, a new draft decision may be circulated.

1. If a deliberation occurs in proceedings without an oral hearing, the files, including any draft decision or report, must be made available to the members of the panel at least five working days in advance. This period may be shortened with their consent or in particularly urgent cases.

2. After the decision has been made, all members of the panel sign the ruling.

3. The reasoning, along with the files, is presented to the other members of the panel for approval before the final document is issued.

1. In justified cases and with the consent of all members of the panel, individual or all members may participate in the deliberation via audio and video transmission (video conference).

2. The following conditions must be met during the proceedings

a) The transmission of audio and video between all persons participating in the deliberation occurs simultaneously;

b) The chairperson identifies all participants at the beginning and confirms their presence;

c) A functioning transmission of audio and video must be ensured during the virtual deliberation. In case of significant technical disruptions, the deliberation must be interrupted. If these disruptions can be rectified, the deliberation is to be continued; otherwise, it is to be aborted;

d) No recording takes place. The minutes shall be taken in accordance with the provisions for physical deliberations;

e) Data protection and data security must be ensured.

3. With the consent of all members of the panel, the video transmission may be dispensed with.

4. If the decision is made during the deliberation, the members of the panel who participated virtually shall confirm the decision electronically.

5. Furthermore, the technical requirements and the requirements for data protection and data security are governed by Article 141b of the Code of Civil Procedure and by the Ordinance on the Use of Electronic Means for Audio and Video Transmission in Civil Proceedings.

1. If a party subsequently requests a justification, it, along with the case files, shall be submitted for approval to the other members of the adjudicating body before issuance.

1. If an actuary has participated in the decision-making, the decision shall be signed by both the chairperson and the actuary. Otherwise, the chairperson alone shall sign.

2. In the event of incapacity, the respective deputy shall sign on behalf.

1. The publication of decisions is governed by the ordinance on public information by judicial authorities.

2. The administrative commission selects the decisions that the chairpersons propose for publication in the Practice of the Supreme Court (POG) and in other publication organs.

1. The chairperson decides on the submission of a statement in the appellate proceedings before the higher instance.

2. He or she may involve the other members of the adjudicating body.

1. If the decision is final or enforceable, the General Secretariat shall issue a corresponding certificate at the request of a party.

1. Court Actuaries are specifically entrusted with the following tasks

a) participating in the instruction of proceedings;

b) clarifying legal and factual issues and drafting reports and decision proposals;

c) taking minutes during court hearings and deliberations;

d) participating in decision-making with an advisory vote;

e) drafting the decisions;

f) undertaking other tasks assigned by the President.

2. The Actuarial Office may designate a point of contact who acts as a liaison with the judiciary and central services.

1. Actuaries shall generally be assigned to two or more chambers, but no more than two departments. Exceptions may be provided, particularly for operational reasons.

2. Changes in assignment are possible. Affected actuaries shall be heard before any reassignment or reallocation.

3. When a position in the actuary’s office is to be newly filled, actuaries shall be given the opportunity to apply for a change in assignment.

1. The engagement of actuaries on an ad hoc basis occurs when it appears necessary for managing the workload.

1. The Superior Court generally provides four legal interns annually with the opportunity to complete an internship for the acquisition of a legal practicing certificate.

2. The President, in consultation with the cantonal personnel office, determines the salary and employment conditions.

1. The full court is composed of all regular senior judges.

1. The Full Court exercises all powers assigned to it by the Court Organization Act.

2. Additionally, it is responsible for

a) determining the number of additional members of the Administrative Commission and electing them before each term of office;

b) submitting applications for supplementary credits required under financial budget law to the Audit Commission of the Grand Council;

c) approving position creation proposals presented with the budget to the Grand Council;

d) setting the basic principles of salaries and other compensations for employees and ad hoc registrars of the Supreme Court;

e) classifying the positions of other full-time members of the judicial authorities into functional classes according to cantonal personnel law;

f) classifying the positions of employees of the Supreme Court, the Judicial Court, and other judicial authorities into functional classes according to cantonal personnel law;

g) approving agreements concerning the transfer of duties to other departments and long-term contracts;

h) submitting applications to the Grand Council regarding the total number of positions and the number of Supreme Court judges and their employment level for a new term of office;

i) submitting applications to the Grand Council for increasing the staffing level of the Supreme Court during the term of office;

j) resolving changes in the employment level of Supreme Court judges during the term of office or due to birth or adoption;

k) submitting applications for supplementary elections to the Supreme Court;

l) submitting applications for the election of extraordinary judges for the Supreme Court;

m) submitting applications to the Grand Council concerning the designation of members of the cantonal Coercive Measures Court;

n) submitting applications and opinions to the Grand Council concerning the staffing level of the Regional Courts before renewal elections or during the current term of office;

o) determining the employment levels of mediators;

p) submitting applications for the initiation of supervisory proceedings conducted by the Grand Council.

1. The full court generally meets every two months.

2. An extraordinary meeting can be convened by the President or upon the request of at least five judges.

3. Any member of the full court may request, with a reasoned application, that a matter be placed on the agenda.

4. Decisions in the full court are made either during a meeting or through a circular procedure.

5. Each member of the full court has one vote and is obligated to vote, except in elections.

6. Decisions are made by an absolute majority of the votes of the judges present at the meeting or participating in the circular procedure. In the event of a tie, the President has the casting vote.

7. In elections, an absolute majority is required in the first round. This is the next whole number resulting from dividing the total number of valid votes for candidates by twice the number of available seats. Abstentions, as well as blank and invalid votes, are not counted. If more candidates achieve an absolute majority than there are seats to be filled, those with the highest number of votes are considered elected. If no one achieves an absolute majority or if fewer candidates are elected than there are seats to be filled, a second round of voting occurs, in which those with the highest number of votes are elected (relative majority). Otherwise, the law on political rights in the Canton of Graubünden applies accordingly.

8. The minutes of the meetings are submitted to the full court for approval.

1. The President shall lead the Supreme Court and oversee its operations. She or he shall exercise all powers assigned to her or him by the Court Organization Act.

2. She or he shall also have the following duties

a) Participation in the sessions of the Grand Council concerning the budget, the accounts, and the activity report;

b) Participation in the sessions of the Grand Council on judicial proposals;

c) Communication with the commissions of the Grand Council responsible for the Supreme Court and with the cantonal offices;

d) Making expenditures within the approved budget and the cantonal financial law for commitments up to 50,000 francs;

e) Ensuring credit control as well as responsibility for economical and efficient use of credit and for an appropriate control system;

f) Supervision of the clerks, the Secretary-General, and the Information Officer;

g) Appointment of internship positions.

3. The Vice President assists the President in fulfilling her or his duties.

4. If the President is unable to fulfill her or his duties, she or he shall be represented by the Vice President. She or he shall assume the presidential powers.

5. The President shall be relieved from judicial tasks to the extent required by presidential duties.

6. The President is authorized to involve the other Supreme Court judges in specific activities that fall within her or his competence.

1. Besides the President and the Vice President, the Administrative Commission consists of up to three other members of the Supreme Court. The official languages of the canton must be appropriately taken into account.

2. The members of the Administrative Commission generally belong to different divisions.

3. If the Administrative Commission consists of more than three members, it may form a committee to which it can delegate the handling of certain business.

4. The committee consists of three members. The Administrative Commission regulates the representation in cases of prevention or recusal.

1. The Administrative Commission is responsible for all tasks related to judicial administration that fall within the jurisdiction of the Higher Court, which are not assigned to another body by law or regulation.

2. The following matters, in particular, can be delegated to a committee

a) exemption from official secrecy;

b) ensuring compliance with disclosure obligations;

c) matters of judicial supervision.

1. The Administrative Commission handles all matters of the judicial administration of the Supreme Court for which no other body is responsible.

2. Its competence particularly includes

a) The annual determination of the salary and performance bonuses of the employees of the Supreme Court;

b) Applications for the creation of positions for employees of the Supreme Court;

c) The periodic review of the workload to be managed by the divisions, chambers, and individual members of the Supreme Court;

d) Applications for approval of agreements on the transfer of duties to other departments and long-term contracts;

e) The conclusion of contracts with court reporters ad hoc;

f) The approval of secondary employment of the judges and court reporters of the Supreme Court;

g) The applications to the Commission for Justice and Security of the Grand Council for the appointment of a substitute in case of prevention or recusal (Art. 39 para. 2 GOG).

3. For decisions on disciplinary measures against members of the Supreme Court that fall within the competence of the Administrative Commission, delegation to the committee is excluded.

1. The Administrative Commission is responsible for the management of the tasks assigned to the Superior Court in the area of

a) supervision over the Regional Courts, the Canton Compulsory Measures Court, the Arbitration Authority for Equal Treatment Matters, the Notary Commission, the Supervisory Commission for Attorneys-at-Law, the Arbitration Authority for Social Security Matters, and the Expropriation Commission;

b) overall supervision of the arbitration authorities monitored by the Regional Courts.

2. It handles all matters of judicial supervision concerning the aforementioned authorities that are legally or by regulation assigned to the Superior Court and are not reserved for the full court.

3. Its competencies particularly include

a) handling supervision complaints according to Article 97 of the Court Organization Act against authorities or their members under the direct supervision of the Superior Court;

b) approving the rules of procedure of the Regional Courts;

c) conducting the suitability procedure for Regional Judges;

d) applications for conducting selection procedures for extraordinary Regional Judges;

e) appointing an extraordinary substitute when a Regional Court or the Arbitration Authority for Equal Treatment Matters cannot be properly constituted due to incapacitation or recusal;

f) approving requests for the creation of positions for staff of supervised authorities and their inclusion in the budget (subject to approval by the full court and the Grand Council);

g) consent to enter into long-term contracts of supervised authorities (subject to approval by the full court);

h) approving secondary employment for members of the Arbitration Authority for Equal Treatment Matters, the Arbitration Authority for Social Security Matters, and the Expropriation Commission;

i) approving the budget and annual accounts of the Arbitration Authority for Social Security Matters.

1. The Administrative Commission generally meets every two weeks.

2. Each member of the Administrative Commission can request the convening of a meeting or the inclusion of an item on the agenda.

3. Resolutions are adopted by an absolute majority of the votes of the judges present at the meeting or participating in the circular procedure. In the event of a tie, the President decides.

4. Each member has one vote and is obliged to vote, except in elections.

5. The convocation and agenda, along with the corresponding documents, are distributed to the members of the Administrative Commission and the full court. Any member of the full court may request, with a substantiated application, that a matter be included on the agenda for consultation in the full court. Excluded from this are matters concerning organizational and service oversight.

6. The minutes approved by the Administrative Commission are distributed to all members of the full court. Excluded from this are matters concerning organizational and service oversight.

1. Conflicts between chief justices are to be resolved internally within the court whenever possible.

2. The parties involved are obligated to first seek dialogue among themselves and, if necessary, within the concerned division.

3. If these discussions do not lead to an agreement, the matter shall be presented to the president of the high court. The president may involve the administrative commission as needed. This commission will take appropriate measures.

4. If all internal attempts to resolve the conflict fail and it concerns a significant matter that may be relevant under supervisory oversight, the administrative commission shall inform the Committee for Justice and Security.

1. The General Secretariat is the staff office of the Supreme Court.

2. The Secretary General, whether female or male, directs and supervises the central services, namely the court registry, financial accounting, and information technology.

3. Their specific tasks include, in particular

a) preparing business for the full court, the management committee, and the extended management committee under the leadership of the president;

b) participating in the meetings of the full court, the management committee, and the extended management committee with an advisory vote and as minute-taker;

c) implementing the decisions of the management bodies in collaboration with the president;

d) supporting the president in fulfilling their tasks and in external representation;

e) ensuring the information technology for the cantonal courts;

f) coordinating and supervising financial accounting;

g) making expenditures within the approved budget and cantonal financial law for obligations up to 5,000 francs within their scope of duties;

h) ensuring internal information management;

i) leading the areas of security, logistics, real estate, archives, and the library for the Supreme Court;

j) conducting business with the cantonal administration and with third parties;

k) being responsible for personnel matters at the Supreme Court, insofar as they are not expressly reserved to other bodies;

l) organizing training events and other occasions for the Supreme Court;

m) advising the courts of first instance in fulfilling their administrative tasks;

n) maintaining the register of interests.

4. Additional tasks may be assigned to the Secretary General, particularly in the area of legal assistance.

5. If a deputy is appointed, they are responsible for representation in all functions and supporting in the fulfillment of the Secretariat's tasks.

1. The Court Registry performs in particular the following tasks

a) the recording of all incoming cases;

b) the execution of procedural instructions according to the direction of the procedural management;

c) the communication of decisions;

d) the handling of case-related accounting;

e) the provision of counter service;

f) the handling of correspondence and telephone communication;

g) the archiving of case files;

h) the completion of further administrative tasks related to court operations and personnel matters as directed by the Secretary General.

2. The head of the registry leads the Court Registry. He or she is responsible for an efficient organization of the registry, as well as the management of the registry staff, and ensures the swift completion of the tasks at hand.

3. If a deputy is appointed, he or she shall assume all functions of the head of the registry in their absence.

4. The Court Registry is under the leadership and supervision of the Secretary General.

1. Information Technology, in cooperation with the Cantonal Information Technology Office, ensures the operation of information technology for all judicial authorities.

2. The head of Information Technology is the IT Manager. They are responsible for an efficient organization of information technology, as well as the management of IT personnel, and ensure the prompt completion of all tasks.

3. Information Technology is administratively affiliated with the Supreme Court and is under the direction and supervision of the Secretary-General.

1. The Information Office ensures that the Higher Court, the Regional Courts, and the Conciliation Authorities are informed externally.

2. The Information Office is headed by the Information Officer. The tasks specifically entrusted to him or her include

a) supporting the Higher Court, the Regional Courts, and the Conciliation Authorities in all matters relating to information and media;

b) informing the media about ongoing proceedings after consultation with the proceedings management;

c) ensuring the maintenance of the internet presence;

d) publishing the rulings of the Higher Court and selected rulings of the Regional Courts;

e) assisting the Secretary General in the internal communication of the Higher Court;

f) organizing the accreditation system.

3. The Information Office may be assigned additional tasks.

4. The Information Office is subject to the oversight of the President of the Higher Court.

1. The Secretary General prepares the budget and the annual accounts of the High Court for the attention of the full court and the Grand Council, together with the accounting specialist and the financial administration.

2. The Secretary General monitors, along with the accounting specialist, the budget appropriations and prepares the necessary applications for supplementary credits in a timely manner.

3. The accounting specialist is responsible, in particular, for the following tasks

a) managing the accounting of the High Court, including the control of case-related accounting;

b) preparing the budget and the annual accounts of the High Court in collaboration with the Secretary General for the attention of the full court;

c) monitoring the budget appropriations of the High Court;

d) managing the internal control system of the High Court;

e) drafting budget and annual closing instructions for the regional courts;

f) reviewing and adjusting the budgets of the regional courts;

g) auditing the annual accounts of the regional courts;

h) advising the regional courts on financial and accounting matters.

4. The accounting specialist is subject to the direction and supervision of the Secretary General.

5. The financial administration is responsible for administrative write-offs of uncollectible claims of the High Court. For amounts exceeding 10,000 Francs per case, the consent of the President must be obtained.

1. The Superior Court may, in consultation with the competent head of the department, assign certain duties outside its core area to specific offices of the cantonal administration, such as

a) tasks related to financial and accounting management;

b) tasks related to personnel law and payroll administration;

c) operation of the IT infrastructure and specialized applications;

d) maintenance of court facilities (upkeep, cleaning).

2. The Superior Court shall arrange compensation for the efforts of these offices.