1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 162 Judicial Authorities

1 The Judicial Council (hereinafter "the Council") has its headquarters at the professional address of its presidency.

2. The website of the State of Neuchâtel provides the complete address of the Council.

3. The archives of the Council are maintained at its headquarters, according to the directives of the presidency.

[2] 1 The Council shall have a secretariat placed under the direction of the presidency.

2. In the absence of its own resources, it may resort to one or more judicial officers.

The list of members of the Council and their alternates is published in the Official Gazette of the Republic and Canton of Neuchâtel. It is also available on its website.

**The Council Decides, Depending on the Circumstances, the Place Where It Convenes.**

1. The Council meets as often as the execution of its duties requires, but in principle at least once a month.

2. It is convened by the presidency or at the request of three of its members.

[3] 1 In accordance with Article 51, paragraph 2 of the LMSA, the presidency shall be chosen from among the judicial magistrates.

2. However, in the event of the president's absence, the sessions shall be presided over by the vice-presidency, even if it is not held by a judicial magistrate.

1. Council decisions are validly made only if at least five members participate.

2. Board decisions are validly made only if three members participate.

1. Decisions of the Council (as well as those of its bureau) are made by a simple majority of the members participating in the decision.

2. Abstention is permissible.

3. In the event of a tie, the chairperson has the casting vote.

1. As a general rule, decisions are made during a meeting of the Council or its office.

2. In case of necessity, the presidency may organize decision-making in writing or by email, or even, in case of urgency, by telephone.

3. In the event of a decision made by telephone, the presidency promptly confirms the result to the participants in writing or by email.

The sessions of the Council and its bureau are recorded in minutes.

[4] The substitution of a Council member is organized only in cases of recusal or an impediment of a certain duration, as absence for a single session does not generally require replacement by an alternate.

1. In the event that a substitute is required to intervene, the member of the Council who is unavailable shall personally – while informing the presidency – call upon their substitute, as follows

– for judges: one of the substitute judges according to the order of seniority in the judiciary;

– for the lawyer: the substitute lawyer designated by their peers;

– for the member of the Judicial Committee: the substitute designated by said Committee;

– for the member designated by the Council of State: the substitute designated by said Council.

2. In the case of disqualification or if the person who is to be substituted cannot personally call upon their substitute, the presidency (or alternatively the vice-presidency or the secretary) is responsible for this action.

1. Substitution in the office is generally ensured by members of the Council, or in their absence, by a deputy.

2. A judicial magistrate is replaced by one of his peers, and a non-magistrate member is replaced by a non-magistrate member or deputy.

[5] 1 Alternate members may be called upon to participate in the inspections of the courts and their registries (Art. 57 LMSA) even in the absence of a recusal or disqualification of one or more members of the Council.

2. All alternate members shall participate at least once a year in a session of the Council.

[6] The Council may establish commissions or delegations, particularly for disciplinary investigations (Art. 72, para. 2 LMSA).

Art. 15bis

[7] 1 The Council is the appointing authority for the members of the Child and Adult Protection Authority (Art. 25 LAPEA [8]).

2. The members of the Child and Adult Protection Authority are appointed for a period of six years that coincides with that of the judicial authorities.

3. At least six months before the end of the judicial period, they are queried by the presidency of the Council to ascertain if they will stand as candidates for the following period.

4. If new members need to be appointed, a call for applications is organized by the presidency; the candidates are heard by a delegation of the Council.

1. Decisions instituting extraordinary substitutes for judicial magistrates are published in the Official Gazette.

2. The Council may waive such publication on an exceptional basis, particularly in cases of substitution related to the exclusive handling of a few cases; in such instances, a copy of the Council's decision is attached to the relevant file.

3. For other decisions, especially those concerning disciplinary procedures, the Council decides on a case-by-case basis the appropriateness of publication (in the Official Gazette, on the State's website, or in any other manner).

1. Each jurisdiction must be subject to an inspection at least once a year.

2. The Council determines which members or alternates participate in the inspection of each jurisdiction.

3. A magistrate (member of the Council or alternate) cannot inspect the jurisdiction to which they belong.

4. A member of the Council or an alternate cannot inspect a jurisdiction before which proceedings concerning them personally are pending.

[9] The following mobility procedure applies when a position becomes vacant (Art. 38 LMSA), in case of the creation of a new position, and in the case of a job exchange (Art. 40 LMSA)

a) if the Council decides to open the mobility procedure (Art. 38, para. 1 LMSA), it notifies the judicial magistrates by post or email, allowing them at least 10 days to submit a potential application directed to the Presidency of the Council via letter or email;

b) after the aforementioned deadline has expired, the Presidency of the Council informs the Council of the applications received;

c) the Council will then decide to allocate the position according to the criteria provided in Article 39, paragraph 3 LMSA, or to close the mobility procedure. In the latter case, the Presidency of the Council informs the Grand Council so that it can submit the position for judicial election (Art. 39, para. 4 LMSA);

d) magistrates who have applied are personally informed of the Council's decision.

[10] 1 Upon request by one or more judges interested in modifying their working hours, the Council examines the feasibility of such a modification (art. 35 LMSA).

2. It hears from the concerned individual(s) and then renders its decision.

3. If this results in a vacancy, the Council initiates a mobility procedure or informs the Grand Council so that the position can be submitted for judicial election.

1. This regulation shall enter into force immediately.

2. It shall be published in the Official Gazette and inserted into the Collection of Neuchâtel Legislation.