Subject Matter

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

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

2. Each chamber is comprised of at least one chairperson, 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 decision-making body must agree with the content of the decisions (dispositive) by majority, and in the case of circular decisions, unanimously.

2. The reasoning of the decision is to be communicated to all members of the decision-making 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. In justified cases and with the consent of all members of the adjudicating body, individual members or all members of the adjudicating body may participate in the deliberation via audio and video transmission (videoconference).

2. The following conditions must be met during the conduct of the videoconference

a) the transmission of audio and video among all persons participating in the deliberation must occur simultaneously;

b) the chairperson must identify all participants at the beginning using the audio and video transmission and confirm their presence;

c) a functional 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 must be abandoned;

d) no recording shall take place. The protocol shall follow the provisions applicable to physical deliberations;

e) data protection and data security must be ensured.

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

4. If the decision is made during the deliberation, the members of the adjudicating body who participated virtually must confirm the dispositive electronically.

5. In all other respects, 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 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 presided over by the president or the president. It exercises all the powers assigned to it by the Court Organization Act.

1. The full court meets at the beginning of the term of office, after any supplementary elections, following the election of extraordinary judges, and as required by the business.

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 circular procedure.

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

5. The 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 first ballot is decided by an absolute majority. This is the next higher whole number obtained by dividing the total number of all 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 have reached 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 candidates are elected than there are seats to be filled, a second ballot takes place in which those with the highest number of votes are elected (relative majority). Otherwise, the law on political rights in the Canton of Graubünden shall apply mutatis mutandis.

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

1. The Administrative Commission exercises those powers assigned to it by law or this ordinance.

2. It is responsible, among other things, for

a) Decisions regarding the election of deputy judges of the Regional Court;

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

c) Applications to the Higher Court to initiate impeachment proceedings against a member of the Regional Court;

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

1. The Administrative Commission meets as needed. Any member of the Administrative Commission may request the convening of a meeting or the inclusion of an item on the agenda.

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

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

4. 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 has the casting vote. Article 8 paragraph 6 applies to elections.

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

1. The President conducts the Regional Court and oversees its operations. He or she performs all judicial administrative tasks not assigned to any other body.

2. His or her responsibilities include, in addition to the duties specified in Article 74, Paragraph 2 of the Court Organization Act, particularly

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

b) submitting any statements to the Regional Court Conference;

c) supervising and approving the secondary occupations of registrars (court clerks);

d) supervising the staff of the court registry;

e) filling internship positions and temporarily employing staff;

f) annually determining the salary as well as the performance and spontaneous bonuses of the staff;

g) overseeing the mediation office and the conciliation authority for rental matters and its members.

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

4. If the President is unable to perform his or her duties, he or she is represented by the Vice President. The Vice President is entitled to Presidential responsibilities.

5. The President is relieved of adjudicatory duties to the extent required by his or her presidential activities.

6. The President is authorized to call upon other judges for special activities falling within his or her competence.