CH-NE
1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 162 Judicial Authorities - TITLE ONE - Purpose and Scope (GRGÜJ)
Table of Provisions (81)
Statutory Text (81 Articles)
1 The present law governs the status of the judiciary of the judicial order, which is comprised of judges of the judicial order.
2. It organizes the oversight of judicial authorities and the members of the judiciary of the judicial order.
This law applies to all members of the judiciary of the judicial order.
[2] 1 Swiss men and women who have the exercise of civil rights are eligible for judicial offices.
2. The judicial commission may request information from the Public Prosecutor's Office regarding any ongoing proceedings against a candidate for judicial election.
[3] Members of the judiciary are elected by the Grand Council, in accordance with the Organization Law of the Grand Council (OGC), dated October 30, 2012.
[4] 1 Members of the judiciary of the judicial order must have their civil domicile in the canton for the entire duration of their duties, under penalty of removal from office.
2. In the event of a dispute regarding the domicile of a member of the judiciary of the judicial order, the Judicial Council shall investigate the case and, if necessary, pronounce the removal from office.
3. The procedure is governed by Articles 70 to 74, applicable by analogy.
1. Upon assuming office, members of the judiciary of the judicial order take the following oath before the Grand Council
"I promise to respect the rights and freedoms of the people and citizens, to strictly observe the Constitution and constitutional laws, and to faithfully and conscientiously fulfill the duties of my office."
2. Upon the calling of their name, each member of the judiciary of the judicial order raises their hand and says
"I promise," or "I swear," or "I swear before God."
The term of office for judicial authorities is six years. It begins on September 1st.
[5] Members of the judiciary of the judicial order are mandatorily retired at the end of the month during which they reach the age set by the Federal Old Age and Survivors Insurance Act (LAVS), dated December 20, 1946 [6], for eligibility for a basic old-age pension.
[7] 1 A member of the judiciary of the judicial order who intends to resign must inform the Grand Council in writing, providing six months' notice before the end of a month.
2. The Council of the Judiciary is informed by the General Secretariat of the Grand Council.
1. Members of the judiciary cannot engage, either directly or indirectly, in any activity, whether dependent or independent, even if occasional, that is incompatible with the independent and impeccable exercise of their functions.
2. Incompatibilities with the functions of a member of the judiciary include, in particular
a) Any representation before cantonal judicial and administrative authorities;
b) Any representation before appellate authorities for decisions rendered at the final cantonal instance;
c) The profession of a notary;
d) Permanent employment and functions in the service of public entities and their establishments within the canton, with the exception of teaching.
1. Spouses, individuals in a registered federal or cantonal partnership, persons living together as a couple in fact, parents, and relatives up to and including the third degree may not sit together.
2. They also may not serve together in the same court or public prosecutor's office.
1. Members of the judiciary must be independent.
2. In the exercise of their functions, they must act impartially.
3. They are particularly prohibited from communicating with the parties, outside of the hearing, about the subject matter of the trial.
4. However, this rule does not apply to attempts at conciliation, written communications that preserve the adversarial nature of the procedure, actions required by the judge's official duties, and non-contentious jurisdiction.
1. Members of the judiciary ensure the proper functioning of the judicial authorities under their responsibility.
2. They faithfully and conscientiously fulfill the duties of their office.
3. They do not compromise the dignity of the judiciary in their interactions with litigants, their colleagues, as well as with the individuals and authorities with whom they are required to collaborate.
1. Members of the judiciary are required to keep confidential those facts which, due to their nature, must remain secret and of which they have become aware in the course of their duties.
2. The administrative commission of the judicial authorities may lift the duty of confidentiality upon request.
3. It shall refuse to lift the duty of confidentiality if
a) A significant public interest requires it;
b) Significant private interests, particularly those of opposing parties, or those of a party not being made aware of facts concerning them and whose knowledge could cause harm, require the confidentiality to be maintained;
c) The interest of an ongoing official investigation requires it.
Members of the judiciary of the judicial order are subject to the disciplinary supervision of the Judicial Council.
1. Members of the judiciary of the judicial order are entitled to a salary including
c) various allowances provided by law.
2. A member of the judiciary of the judicial order who works part-time receives a reduced salary proportionally.
[8] 1 The salary scale for members of the judiciary of the judicial order is set as follows (annual base salary as of January 1, 2013, in francs, reference consumer price index 99.8 of May 2012, based on 100 of December 2010)
Grade
1
.......................................................................................................
161,741.–
2
.......................................................................................................
164,455.–
3
.......................................................................................................
167,056.–
4
.......................................................................................................
169,544.–
5
.......................................................................................................
171,919.–
6
.......................................................................................................
174,181.–
7
.......................................................................................................
176,330.–
8
.......................................................................................................
178,365.–
9
.......................................................................................................
180,288.–
10
.......................................................................................................
182,097.–
11
.......................................................................................................
183,794.–
12
.......................................................................................................
185,377.–
13
.......................................................................................................
186,847.–
14
.......................................................................................................
188,204.–
15
.......................................................................................................
189,448.–
16
.......................................................................................................
190,579.–
17
.......................................................................................................
191,642.–
18
.......................................................................................................
192,569.–
19
.......................................................................................................
193,361.–
2. The annual base salaries are readjusted upon the change in the base scale of the Swiss consumer price index.
1. The judicial commission establishes the principles governing the determination of the initial remuneration.
2. After consulting the Judicial Council, it sets the initial remuneration taking into account, notably, the education, experience, and age of the person concerned.
1. The remuneration of members of the judiciary is increased by one grade each year.
2. The increase takes effect at the end of the calendar year.
3. If the election occurs during the year, the right to an increase is only recognized for the person who took office before July 1st.
4. The Council of State may decide that the remuneration of members of the judiciary is not increased if it adopts a general measure with a similar effect for holders of public office.
**The Council of State Determines:**
a) the modalities of payment of salary and allowances;
b) the salary to which members of the judiciary are entitled when they are unable to perform their duties due to illness, accident, military service, civil protection, or any other reason;
c) the extent to which benefits paid to members of the judiciary by military insurance or by any insurance for which premiums have been borne, wholly or partially, by the State, are deducted from their salary;
d) the payment of salary as an indemnity to the survivors of a member of the judiciary who has died in service.
[9] 1 The State Council shall annually pay an increased cost allowance to members of the judiciary of the judicial order, adjusted to the Swiss consumer price index based on this index as of May 31 of the preceding year.
2. When the economic and financial situation of the canton requires it, or when the inflation rate is high, the State Council may, after consulting the administrative commission of the judicial authorities, only partially compensate for the increase in cost for a maximum duration of two years. It may also decide to forgo, wholly or partially, adjusting the increase allowance in response to a decrease in the index.
Members of the judiciary are entitled to the benefits provided under federal and cantonal legislation on family allowances.
1. Members of the judiciary of the judicial order who have a legal obligation to provide maintenance for their children are entitled to a supplementary allowance per child, the amount of which is determined by the Council of State.
2. This amount is periodically reviewed.
3. Each child can give rise to only one supplementary allowance.
4. The supplementary allowance is proportional to the amount of work performed by the member of the judiciary of the judicial order concerned and is paid on a pro-rata basis for the days worked when commencement or cessation of activity occurs during a month.
5. Article 3, paragraph 2, of the Federal Act on Family Allowances (LAFam), of March 24, 2006, applies by analogy.
[10] 1 Members of the judiciary of the judicial order are entitled to a loyalty bonus after 20, 30, and 40 years of service to the State, a State establishment, or a public educational institution.
2. The Council of State determines the amount of the loyalty bonus and the conditions of its payment, following consultation with the administrative commission of judicial authorities.
3. At the request of the member of the judiciary of the judicial order concerned and provided that the administration of justice is not impeded, the loyalty bonus may be converted, in whole or in part, into additional vacation days.
The Council of State consults the administrative commission of judicial authorities before adopting the provisions that fall within its jurisdiction under this chapter.
1 The members of the judiciary of the judicial order may use their private motor vehicle in the performance of their duties.
2. Damages sustained by these vehicles during accidents occurring in the performance of their duties are covered by the comprehensive insurance concluded by the State.
The allowances paid to members of the judiciary for travel expenses are the same as those paid to public office holders.
The compensations paid to members of the judiciary for the use of private mobile phones while performing their duties are the same as those paid to holders of public office.
1 In the event of non-re-election by the Grand Council, a member of the judiciary who does not meet the conditions for entitlement to the payment of a retirement pension is entitled to
a) a basic indemnity equivalent to one-quarter of their annual salary;
b) an additional indemnity equal to one-sixth of their annual salary for each full term of service.
2. The annual salary is as defined in Article 15.
1. The member of the judiciary who, at the time of their non-re-election, is subject to disciplinary proceedings for acts whose nature or severity is such that dismissal was concretely conceivable, is not entitled to the compensation provided for in Article 28.
2. The Council of State examines the case and makes the determination.
3. Disputes regarding the right to compensation are subject to administrative legal action.
Members of the judiciary are insured against occupational and non-occupational accidents and occupational illnesses, in accordance with the provisions of the Federal Law on Accident Insurance (LAA), dated March 20, 1981 [11].
[12] Members of the judiciary of the judicial order are insured against the economic consequences of retirement, death, and disability in accordance with the law on the Pension Fund for the Public Service of the Canton of Neuchâtel (LCPFPub), dated June 24, 2008 [13].
Civil Liability of Members of the Judiciary for Acts Performed in the Exercise of Their Functions is Governed by the Legislation on the Liability of Public Bodies and Their Agents.
1. Members of the judiciary of the judicial order are entitled to the following paid vacations per calendar year
b) from the age of 60, 30 working days.
2. The administrative commission of the judicial authorities establishes the provisions for the application of the right to vacation.
1. If a member of the judiciary of the judicial order is unable to perform their duties due to illness, accident, military service, civil protection, or for any other reason, they must immediately inform the administrative commission of the judicial authorities.
2. Furthermore, when their absence due to illness or accident exceeds three consecutive working days, they must present a medical certificate.
3. In the event of a prolonged absence, they must present a new medical certificate each month. The opinion of the cantonal physician or a consulting physician may be requested at any time by the administrative commission of the judicial authorities, at the State's expense.
4. The cantonal physician and the consulting physician may be challenged in accordance with the Administrative Procedure Act (APA), of March 18, 2025.
1. The position of judge can be exercised on a part-time basis.
2. The level of activity cannot be less than 50%.
3. Each member of the judiciary of the judicial order may only hold one position.
4. The Judicial Council organizes part-time activities.
1. Members of the judiciary may change positions during the judicial period.
2. All positions are subject to mobility.
The candidate is elected as a member of the judiciary and initially occupies the vacant position.
1. When a position becomes vacant, the Judicial Council may initiate the mobility procedure.
2. Members of the judiciary do not have an individual right to initiate the mobility procedure.
3. If the mobility procedure is not initiated, the vacant position is subject to judicial election.
1. If the mobility procedure is initiated, each member of the judiciary may apply as a candidate.
2. If only one member is a candidate, the Judicial Council assigns the vacant position to them.
3. If multiple members are candidates, the Judicial Council assigns the vacant position to the one who was first elected to the cantonal judiciary; in the event of a tie, the decision is made by lot.
4. The Judicial Council may close the mobility procedure at any time, at which point the vacant position is subject to judicial election.
1. When two members of the judicial order wish to exchange positions, they must inform the Judicial Council.
2. The Judicial Council may accept the proposed exchange, thereby initiating the mobility process.
3. If the proposed exchange does not attract any other applications, it is ratified by the Judicial Council.
4. Otherwise, the procedure is terminated.
The Judicial Council may grant long-term leaves, with or without pay, to members of the judiciary of the judicial order who wish to suspend their activities to undertake a mission of general interest, to enhance their professional training, or for any other reason.
The following articles apply by analogy to substitute magistrates
f) 41 (extended leave).
1. Extraordinary substitute judges and magistrates who perform their duties at an activity rate of 50% or higher are entitled to a salary calculated in the same manner as members of the judiciary of the judicial order.
2. The Judicial Council determines the salary.
3. The principles established by the Judicial Commission for setting the initial salary apply.
The Council of the Judiciary determines the allowances for extraordinary substitute judges who perform their duties at an activity rate of less than 50%.
Extraordinary substitute judges may reside outside the canton.
The rules of incompatibility do not apply to extraordinary substitute judges.
1. The Council of the Judiciary (hereinafter: the Council) is the supervisory authority of the judicial authorities and the members of the judiciary within the judicial order.
2. In the exercise of its duties, it respects the principle of the independence of the judiciary.
1 The Council ensures the proper functioning of justice.
2. In carrying out its mission, it assumes
b) the disciplinary supervision of members of the judicial order's magistracy.
3. Furthermore, it performs the other tasks assigned to it by law.
1. The Council is composed of seven members.
2. It includes
a) four members from the judiciary of the judicial order designated by the judicial conference, who cannot simultaneously be members or alternates of the administrative commission of judicial authorities;
b) one lawyer registered in the cantonal register of lawyers, designated by his or her peers;
c) the president of the judicial commission of the Grand Council or one of its members designated by the president;
d) one member designated by the Council of State who cannot be registered in a cantonal register of lawyers.
3. Each member of the Council has an alternate designated according to the same procedures.
The procedures for the appointment of lawyers are regulated by the supervisory authority for lawyers.
1. The Council appoints its bureau, composed of its President, Vice President, and Secretary.
2. The President is chosen from among the members of the judiciary of the judicial order.
1. Members of the Council are appointed for the duration of the legislature.
2. The term is renewable one time only.
3. This provision is not applicable to the Attorney General.
1. The Council organizes itself.
2. It determines its seat.
3. It enacts its organic regulation.
1. The remuneration of the Council members is determined by the Council itself.
2. It is subject to the ratification of the Council of State.
Members of the Council and its auxiliaries are bound by official secrecy.
Administrative supervision concerns the proper functioning of judicial authorities.
1. The Council conducts regular inspections of all judicial authorities and their registries.
2. It may at any time hear members of the judiciary of the judicial order and judicial personnel.
1. The Council may require from the administration, through the Council of State, all the information and documentation necessary for the fulfillment of its mission.
2. The Council may access files of ongoing or closed legal cases and obtain from judicial authorities all the information and documentation necessary for the fulfillment of its mission.
[15] 1 The Council may take any other measures necessary for the fulfillment of its mission.
2. It may request the assistance of the Cantonal Financial Control (CCFI) or an external body to the State.
The Council is the disciplinary authority for members of the judiciary of the judicial order.
The Council shall particularly ensure
a) the impartiality, care, and diligence with which each member of the judiciary of the judicial order carries out their duties;
b) the relationships that members of the judiciary of the judicial order maintain with litigants, their colleagues, and the individuals and authorities they are required to collaborate with.
Members of the judiciary who, intentionally or through negligence, violate the duties of their office or whose conduct compromises the dignity of the judiciary, are subject to disciplinary sanctions.
1. The Council may impose the following sanctions against members of the judiciary of the judicial order
e) dismissal.
2. The fine may be combined with other disciplinary sanctions.
1. The Public Prosecutor's Office shall automatically inform the Council of any criminal proceedings initiated against a member of the judiciary of the judicial order.
2. When a member of the judiciary of the judicial order is subject to criminal proceedings and the nature or severity of the alleged facts justifies it, the Council may pronounce a provisional suspension with or without loss of salary.
1. Disciplinary proceedings are subject to a one-year statute of limitations starting from the day the Council became aware of the incriminating facts, and in all cases, a seven-year limitation from the day they were committed.
2. The prescription period is interrupted by any investigative act conducted by the Council.
3. If the incriminating facts constitute a criminally punishable act, the longer prescription period provided by criminal law applies to the disciplinary proceedings.
The Council organizes the part-time activity and mobility of members of the judiciary of the judicial order.
When the inadequacy of performance justifies it, the Council may refuse the annual salary increase of a member of the judiciary.
[16] The Council may pronounce the provisional suspension, with or without loss of pay, of a member of the judicial magistracy who is in a situation manifestly incompatible with the function they hold, particularly due to the initiation of proceedings for the establishment of a general guardianship.
1. A member of the judiciary who is declared bankrupt or against whom an act of default in assets is issued is automatically suspended.
2. They are automatically dismissed from their duties if, within three months from the date of suspension, the bankruptcy is not revoked or the act of default in assets is not redeemed or annulled.
3. The offices of legal enforcement inform the Judicial Council of the acts of default in assets they issue against members of the judiciary.
4. The Judicial Council acknowledges the suspension or dismissal and determines in each case the extent to which the salary continues to be paid between the date of suspension and the date of dismissal.
1. The Council acts ex officio or upon denunciation.
2. The author of a denunciation does not have the status of a party but is informed of the action taken as a result.
1. The Council takes all provisional measures justified by the circumstances.
2. In case of urgency, its President or, failing that, another member of the Council, is competent to do so.
1. The Council examines the case and makes a decision.
2. It may delegate the examination of the case file to one or more of its members.
1. Decisions of the Council may be subject to an appeal in the final cantonal instance before the Court of Appeal, which shall be composed for the occasion of the three longest-serving members of the judiciary from the judicial order.
2. The seat of the Court of Appeal is located at the registry of the Cantonal Court.
3. Decisions of the Court of Appeal are immediately enforceable.
For the remainder, the procedure is governed by the APA [17].
The sessions of the Council are not public.
The Council informs about the subjects it deals with, the decisions it makes, as well as the intentions and projects likely to interest the public.
1. The Council submits an annual report to the Grand Council.
2. The report specifically addresses the promptness with which justice is delivered and the needs of the judicial authorities.
1. At least six months before the end of the term of judicial authorities, the Council shall send a report to the judicial commission regarding re-elections.
2. The Council may challenge the re-election of a magistrate.
Law Establishing a Judicial Council (LEJC), of January 30, 2007 [19], is repealed.
[20] 1 Until December 31, 2019, the State guarantees to a member of the judiciary aged at least 60 years and who has served in their position for at least 25 years, if they retire before reaching the age qualifying for an ordinary retirement pension as defined by the Public Service Pension Fund Act (LCPFPub), the granting of an ordinary pension provided by the Pension Fund capped at the pension calculated as of December 31, 2013, and defined in francs. This is subject to transfers of vested benefits in cases of divorce or home ownership encouragement, as well as in cases of salary reduction, reduction in work activity rate, or early retirement.
2. The State reimburses the Pension Fund for the amounts corresponding to the additional burdens that the application of the previous paragraph incurs for it.
3. As long as the member of the judiciary benefiting from these transitional provisions has not reached the age qualifying for an ordinary retirement pension as defined by the LCPFPub, the pension owed to them is reduced to the extent that the total represented by its amount and the income from gainful activity exceeds the salary previously paid for the position they held.
4. For members of the judiciary retiring between January 1, 2014, and the effective date of this amendment, the postponement of the ordinary retirement age from 62 to 64 years (art. 32b LCPFPub introduced by the law of June 26, 2013, with effect as of January 1, 2014) is not taken into account if it leads to an improvement in the retirement conditions of the person concerned.
Effective date: January 1, 2011 [21].
Law promulgated by the State Council on May 21, 2010.