Ordinance of the High Court on Legal Interns (Legal Interns Ordinance) (Akzessistenverordnung) - Purpose

1. This regulation governs the legal internship (accession) at the Schaffhausen courts and the other judicial authorities that are subject to their supervisory jurisdiction.

2. The accession in the judiciary is coordinated as far as possible with that at the public prosecutor's office and in the administration of the Canton and City of Schaffhausen.

1. The appointment as an assistant requires

a) Legal capacity

b) Good reputation

c) * Completed legal studies pursuant to Art. 7 BGFA (generally a Master's degree)

1. The presidium or the administration of the respective judicial authority decides on the appointment of the trainee judicial officers.

2. The appointment at a lower instance must be communicated to the Higher Court.

1. The duration of access to the judiciary generally lasts at least six months and at most one year (net duration).

2. Foreseeable absences due to holidays, vacation, military service, civil service, civil protection, and similar reasons can be accounted for in the employment contract by appropriately extending the duration of employment.

1. The first three months are considered a probationary period. This can be waived if the trainees have already completed a legal internship at another agency of the canton or the city of Schaffhausen.

2. During the probationary period, the employment relationship can be terminated at any time with a notice period of seven days.

1. The accession ends without notice upon the expiration of the agreed duration.

2. For important reasons, the employment relationship can be terminated at any time without notice.

1. The Internship is intended to provide interns with practice-oriented further education, as required for admission to the bar examination.

2. Interns participate in negotiations, interrogations, and deliberations, and assist in processing matters under the supervision and responsibility of their legal superiors.

3. Experienced interns may be appointed as a substitute during the short-term absence of a court clerk (acting court clerk); no separate compensation is provided for this. This is subject to appointment as an extraordinary court clerk, which is not governed by this regulation.

4. The provisions of paragraph 3 apply accordingly to interns at other judicial authorities.

1. The legal trainees receive the following monthly compensation for full-time work, taking into account any previously completed legal internships at other departments of the Canton and City of Schaffhausen

a) * CHF 3,350.00 for the first three months

b) * CHF 3,768.00 for the fourth to the sixth month

c) * CHF 4,920.00 from the seventh month onwards

2. For important reasons and to recognize a legal internship previously completed outside a department of the Canton and City of Schaffhausen, a higher level of compensation can be agreed upon; for trainees at a lower instance, this requires the approval of the Higher Court.

3. No 13th monthly salary payment is granted.

4. The compensations are subject to general wage adjustments for the staff of the canton.

1. The employment relationship is governed, unless otherwise stipulated, by the provisions of Articles 319-343 of the Swiss Code of Obligations.

2. Concerning working hours, vacations, inability to work, salary payment in case of illness and accident, accident insurance, disqualification, duty of confidentiality, acceptance of benefits, financial liability, and bonuses, the relevant provisions of the cantonal personnel law apply.

1. The Schaffhausen courts and the additional legal authorities under their supervisory control may employ legal interns without a completed Master's degree as short-term interns for a duration of one to three months.

2. The employment arrangements are governed by §§ 3 and 9 of this ordinance.

3. The compensation is CHF 2,032.00 per month and can be increased to CHF 2,541.00 per month for advanced students with the agreement of the High Court. A 13th monthly payment is not provided. The compensation is subject to the general salary adjustments for the personnel of the canton.

4. The employment of volunteers, who are generally placed by universities, is not governed by this ordinance.

1. The Regulation of the Higher Court concerning the interns dated September 28, 1934, is repealed.

2. The existing employment relationships are governed by the concluded employment contracts.

3. The Ordinance of the Higher Court regarding the Decree concerning the Legal Profession (RAV) dated August 23, 2002, is amended as follows

1. This regulation shall enter into force on January 1, 2009.

2. It shall be published in the Official Gazette and included in the cantonal law collection.