Rules of Procedure of the Regional Court of Albula - Subject Matter

1. This Rules of Procedure specifies the organization and judicial administration of the Regional Court of Albula.

1. The Regional Court of Albula consists of a civil law chamber and a criminal law chamber.

2. Each chamber includes at least one presiding judge, one deputy, and three additional judges.

1. The adjudicating panel of a chamber generally consists of the respective chairperson or a deputy, as well as two additional judges.

2. The chairperson acts as a single judge insofar as single-judge jurisdiction is established. For a specific area of law or type of proceeding, the full court may designate another member of the chamber as a single judge.

3. In the case of multiple chairpersons, assignment follows a specific key predetermined by the full court, which is determined by the order of case submissions, by areas of law, or other relevant criteria.

4. Where the composition of the adjudicating panel is not already determined by paragraphs 1 and 3, the appointment of the additional members of the panel shall specifically consider the following criteria

a) Expertise in a particular field;

b) Balance of workload among judges;

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

d) Involvement in previous decisions in the same area of law;

e) Connectivity of the cases;

f) Absences, especially due to illness or holidays.

5. The chairperson is responsible for the composition of the adjudicating panel according to paragraph 4.

1. The members of the adjudicating body must agree to the contents of the decisions (dispositive) by a majority, and in the case of circular decisions, unanimously.

2. The reasoning of the decision shall be communicated to all members of the adjudicating body. The chairperson is responsible for ensuring that the majority of the associate judges confirm their agreement with the reasoning before it is communicated.

1. Decisions of the court, in which no clerk participates in their issuance, shall be signed solely by the chairperson.

1. With the consent of all members of the panel, individual or all members of the panel may participate in the deliberation via audio and video transmission (videoconference).

2. The following requirements must be met during the conduct

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 using the audio and video transmission and confirms their presence;

c) a functioning transmission of audio and video must be ensured during the virtual deliberation. In the event of significant technical disruptions, the deliberation must be interrupted. If these disruptions can be resolved, the deliberation is to be continued; otherwise, it is to be discontinued;

d) no recordings are made. Documentation is governed by the provisions for physical deliberations;

e) data protection and data security are guaranteed.

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

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

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

1. The full court is composed of all full-time and part-time judges, excluding the extraordinary judges.

1. The full court is chaired by the President. It exercises all the powers assigned to it by the Court Organization Act.

1. The full court convenes at the beginning of the term of office, following supplementary elections, after the co-option of extraordinary judges, and as required by business matters.

2. An extraordinary session may be convened by the President, or if at least three judges request that a matter be placed on the agenda.

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 in the circular procedure.

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

5. Resolutions for which the full court is responsible are passed 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.

6. In elections, the absolute majority decides in the first ballot. This is the next higher whole number that results from dividing the total number of all valid votes for candidate persons by twice the number of vacant seats. Abstentions, as well as blank and invalid votes, are not counted. If more persons achieve the absolute majority than there are seats to be filled, those with the highest number of votes are considered elected. If no one achieves the absolute majority or fewer persons are elected than seats to be filled, a second ballot takes place in which the persons with the highest number of votes are elected (relative majority). Otherwise, the law on political rights in the canton of Graubünden applies mutatis mutandis.

7. The minutes of the meetings of the full court may be prepared by a clerk. They are submitted to the full court for approval.

1. The Administrative Commission exercises those powers that are assigned to it by law or this regulation.

2. It is, among other things, responsible for

a) Decisions concerning the replacement election of part-time judges of the Regional Court;

b) Applications for the election of extraordinary judges for the Regional Court;

c) Applications to the Higher Court for the initiation of a dismissal procedure against a member of the Regional Court;

d) Employment and determination of the initial salary for permanent employees of the Regional Court.

1. The Management Commission meets as needed. Each member of the Management Commission can request the convening of a meeting or the inclusion of a matter on the agenda.

2. The notice of meeting and the agenda, along with the corresponding documents, are delivered to the members of the Management Commission.

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

4. Decisions are made by an absolute majority of the votes of the judges present at the meeting or participating in the circular resolution procedure. In the event of a tie, the President decides. For elections, Article 9 paragraph 6 applies.

5. Decisions of the Management Commission are valid if at least two members participate in the meeting or the circular resolution procedure.

1. The President leads the Regional Court and oversees its operations. They perform all tasks of judicial administration not assigned to any other body.

2. In addition to the tasks outlined in Article 74, paragraph 2 of the Court Organization Act, their responsibilities particularly include

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

b) Submitting any necessary statements to the Regional Court Conference;

c) Supervising and approving ancillary activities of court recorders;

d) Supervising the staff of the court office;

e) Appointing internship positions and the temporary employment of staff;

f) Annually setting the salaries and performance and spontaneous bonuses of the staff;

g) Supervising the mediation office and the conciliation authority for tenancy matters and their members.

3. The Vice President supports the President in fulfilling their duties.

4. If the President is unable to perform their duties, the Vice President will represent them. The Vice President assumes the presidential responsibilities.

5. The President is authorized to involve other judges in specific activities that fall within their competence.