Subject Matter

1. This internal regulation specifies the organization and judicial administration of the Moesa Regional Court.

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

2. Each chamber is composed of at least one presiding judge, one deputy judge, and three additional judges.

1. The decision-making body of a chamber generally consists of the respective chairperson or their deputy, as well as two additional judges.

2. The chairperson serves as a single judge, insofar as single-judge jurisdiction exists. For a specific legal area or type of procedure, the full court may designate another member of the chamber as a single judge.

3. In the case of multiple chairpersons, allocation occurs according to a specific key predetermined by the full court, based on the order of incoming cases, legal areas, or other pertinent criteria.

4. To the extent that the composition of the decision-making body is not already determined by paragraphs 1 and 3, the following criteria must particularly be considered when appointing additional members of the decision-making body

a) Expertise in a specific field;

b) Balance in the workload of the judges;

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

d) Participation in previous decisions in the same legal area;

e) Connection of cases;

f) Absences, particularly due to illness or vacation.

5. The responsibility for the composition of the decision-making body according to paragraph 4 lies with the chairperson.

1. The members of the adjudicatory 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 shall be communicated to all members of the adjudicatory 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 panel, individual or all members of the panel may participate in the deliberation via audio and video transmission (videoconference).

2. The following conditions must be met in carrying out the videoconference

a) The transmission of audio and video between all participants in the deliberation must occur simultaneously;

b) The chairperson identifies all participants at the beginning through 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 remedied, the deliberation is to continue; otherwise, it is to be terminated;

d) No recording shall take place. The minuting follows the provisions for physical deliberations;

e) Data protection and data security must be guaranteed.

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

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

5. Furthermore, the technical prerequisites and the requirements 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 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 the powers assigned to it by law or this regulation.

2. It is responsible, among other things, for

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

b) Applications for the co-optation 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 starting salary of permanent employees of the Regional Court.

1. The Administrative Commission meets as required. Each 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, shall be delivered to the members of the Administrative Commission.

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

4. Resolutions 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 vote, the chairperson shall have the deciding 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 administers the Regional Court and oversees its business activities. They assume all judicial administrative tasks that are not assigned to any other body.**

**2. In addition to the tasks defined in Article 74, Paragraph 2 of the Court Organization Act, they are particularly responsible for:**

a) ensuring credit control and being accountable for the economical and efficient use of credit, as well as for an appropriate control system;

b) submitting any necessary opinions to the Regional Court Conference;

c) supervising and approving the secondary employment of clerks;

d) supervising the staff of the court registry;

e) appointing internship positions and hiring staff on a temporary basis;

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

g) overseeing the Mediation Office and the Arbitration Authority for Rental Matters along with their members.

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

**4. If the President is unable to perform their duties, they shall be represented by the Vice President. The Vice President assumes the presidential responsibilities.**

**5. The President is relieved from judicial duties to the extent necessary to manage their presidential activities.**

**6. The President is authorized to involve other judges in specific activities that fall under their competence.**