Act on the Organisation of Judicial Authorities (Judicial Organisation Act, GOG) (Gerichtsorganisationsgesetz, GOG) - Scope (GOG)

1. This law applies to all judicial authorities of civil, criminal, and administrative jurisdiction. Judicial authorities are defined as all organs pursuant to Chapter 3.

2. It applies to other authorities and administrative bodies insofar as they perform judicial functions and unless specific legislation provides otherwise.

1. The judicial authorities are independent and committed to the law and justice.

2. In the administration of justice, the lower courts are independent from the higher courts. They are not to receive legal instructions.

3. However, in cases of remand, the lower court is required to base its new decision on the legal assessment provided in the remand order.

1. Court proceedings and the oral pronouncement of judgments are public. Exceptions are reserved as provided for in the procedural regulations.

2. Deliberations are confidential.

3. Without the court's permission, video and audio recordings are prohibited in the courthouse and at its entrances.

1. The Superior Court informs the public about its jurisprudence. The publication of decisions shall generally be in an anonymized form.

2. For court reporting, the Superior Court may provide for accreditation through regulations.

1. In votes, the majority of the votes decides.

2. The president or the chairperson does not vote. In the event of a tie, they cast the deciding vote. The other judges are obliged to cast their votes in all decisions.

3. The court clerk has an advisory vote.

1. The Act on Recusal (RB 2.2321) determines when a member of a judicial authority must recuse themselves.

1. The fees and compensations for proceedings before judicial authorities are governed by the Court Fees Ordinance (RB 2.3231).

1. The proceedings of judicial authorities are governed by the special legislation.

1. Where this law refers to authorities and functions, it applies to both genders.

1. The judicial authorities, under the direction of the Superior Court, manage themselves in organizational, material, and personnel matters, except as otherwise provided by this law. This excludes the final archive and structural measures as well as the renting of premises; for these areas, the provisions applicable to the cantonal administration apply.

2. The Superior Court prepares the financial plan, the budget, and the account of the judicial authorities as well as the accountability report for the benefit of the Cantonal Parliament. The provisions of the Ordinance on the Financial Budget of the Canton of Uri (RB 3.2111) shall apply mutatis mutandis. The presidency of the Superior Court represents the matters of judicial administration directly before the Cantonal Parliament and its committees.

3. The services of the cantonal administration, particularly those related to finance, information technology, and human resources, are available to the Superior Court within the framework of personnel and material possibilities.

1. Within the framework of cantonal personnel law and the approved personnel resources, the District Court appoints the court clerks and office staff for itself and the presidency of the District Court, while the Supreme Court appoints them for itself and the other judicial authorities.

2. The provisions of cantonal personnel law shall apply mutatis mutandis. The District Court or the Supreme Court acts as the appointing authority within the meaning of the Personnel Ordinance (RB 2.4211).

3. Personnel-related decisions made by the District Court and the Supreme Court can be contested through an administrative court appeal to the Supervisory Commission of the Supreme Court. The provisions of the Ordinance on Administrative Justice (RB 2.2345) are applicable.

1. Within the framework of the provision on judicial administration and in accordance with special legislation, the Supreme Court issues the necessary regulations. It may thereby delegate its tasks, in particular, to the presidencies, the regional court, or the other judicial authorities.

1. The Higher Court appoints a central conciliation authority.

1. The arbitration authority consists of the presiding person, one or more persons as deputies, as well as the legally required equal representation.

2. The members of the arbitration authority serve in a part-time capacity.

1. The Conciliation Authority is responsible for all legally mandated conciliation procedures, unless specified otherwise by special legislation.

2. If the law does not require equal representation, the chairperson or their deputy shall conduct the conciliation procedure alone.

1. The eligible voters elect the Regional Court Presidency I and the Regional Court Presidency II.

1a. Eligible candidates are individuals who have completed a law degree with a licentiate or master’s degree from a Swiss university or an equivalent university diploma from another country.

2. The Regional Court Presidency I and the Regional Court Presidency II serve in a full-time capacity.

1. The Seat of the District Court Presidium I and the District Court Presidium II is Altdorf.

1. The Presidium of the District Court I and the Presidium of the District Court II shall represent each other if either is disqualified or unable to perform its duties due to compelling reasons. If a Presidium of the District Court cannot be properly staffed in this manner, the most senior member of the District Court, who is neither disqualified nor prevented from acting, shall assume the responsibilities of the Presidium of the District Court. In the case of equal seniority, the older person shall assume representation.

2. The Presidiums of the District Court I and II shall also represent each other when the distribution of the workload necessitates it.

1. The District Court Presidium I assumes the management of the Presidium and the District Court. It handles administrative matters, allocates duties between the two presidiums within the framework of this law, and represents the Presidium and the District Court externally.

1. The Presidium of the Regional Court decides all disputes assigned to it by legislation.

1. Unless otherwise stipulated by legislation, the district court presidency decides

a) Disputes where the amount in controversy does not exceed 30,000 francs

b) Disputes in summary proceedings

c) Divorces by mutual consent with comprehensive agreement (Art. 111 Civil Code, SR 210)

d) Provisional measures in maintenance and paternity suits (Art. 303 and 304 Civil Procedure Code, SR 272)

e) Dissolutions of registered partnerships by mutual consent with comprehensive agreement (Art. 29 para. 1 Registered Partnership Act, SR 211.231)

f) * On the appointment of one or more experts tasked with estimating the imputed value of real estate when heirs fail to agree on it (Art. 618 Civil Code, SR 210)

1. The District Court Presidium processes requests for legal assistance, unless the Higher Court has jurisdiction.

2. It may appoint a court clerk to process the request for legal assistance.

1. The District Court Presidium is the Enforcement Court.

1. Unless otherwise specified by legislation, the decision is made by the Presidium of the District Court

a) Misdemeanors

b) Felonies and offenses, except for those in which the public prosecutor requests a sentence of imprisonment of more than one year, a detention according to Article 64 of the Criminal Code (SR 311.0), treatment according to Article 59 paragraph 3 of the Criminal Code (SR 311.0) or, in cases of conditional sanctions to be revoked simultaneously, a deprivation of liberty of more than one year

2. ...

1. The district court presidency adjudicates as a coercive measures court in criminal proceedings.

2. In the event of an inability to attend, the representation must not consist of the judges responsible for the matter.

1. The District Court Presidium acts as the Coercive Measures Court in juvenile criminal proceedings.

1. The eligible voters elect the Regional Court.

2. The Regional Court consists of ten members, namely the Regional Court Presidium I, the Regional Court Presidium II, and eight judges.

3. The official seat of the Regional Court is Altdorf.

1. The District Court convenes as a full court and in divisions at its seat in Altdorf.

2. It is divided into a civil law division and a criminal law division.

3. Each division consists of a chairperson, their deputy, and three judges.

4. ...

1. In order to validly negotiate, deliberate, and decide, the district court must be constituted as a full court with five members and as a division with three members.

2. Special provisions in the legal ordinances remain reserved.

1. If a district court judge is disqualified or is unable to perform their duties due to compelling reasons, judges of the district court are to be called upon in the first instance.

2. If additional judges are necessary, they are to be drawn by lot from the non-disqualified members of the district council.

3. If the presidency of the district court, whether as a full court or as a division, is not properly constituted due to reasons of disqualification or other compelling reasons, Article 17 shall apply.

1. As a full court, the regional court has the following duties

a) to constitute and organize itself

b) to form the divisions

c) to fulfill additional tasks assigned to the full court by legislation

2. The divisions of the regional court handle all disputes and tasks assigned to the regional court by legislation.

3. The civil law division adjudicates civil disputes, while the criminal law division handles criminal cases.

1. The Civil Division of the District Court adjudicates civil cases as a court of first instance, unless the Presidency of the District Court has jurisdiction.

2. It adjudicates, in particular

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| a) | Disputes where the amount in controversy exceeds 30,000 francs or cannot be estimated by the nature of the matter | | |

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| b) | Disputes concerning the allocation of an agricultural enterprise | | |

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| c) | Divorces by mutual consent with partial agreement (Art. 112 of the Swiss Civil Code, SR [210](https://db.clex.ch/link/Bund/210/en)) and divorce petitions at the request of one spouse (Art. 114 and 115 of the Swiss Civil Code, SR [210](https://db.clex.ch/link/Bund/210/en)) | | |

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| d) | Dissolutions of registered partnerships by mutual request with partial agreement (Art. 29 para. 3 of the Partnership Act, and petitions for dissolution at the request of one partner (Art. 30 of the Partnership Act, SR [210](https://db.clex.ch/link/Bund/210/en)) | | |

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| e) | Modifications of divorce judgments and dissolution judgments of registered partnerships | | |

3. The chairperson of the Civil Division is responsible

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| a) | for making procedural orders to prepare and conduct the proceedings | | |

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| b) | for making procedural decisions without a substantive judgment (such as concluding the proceedings by withdrawal, striking off due to settlement, non-admission due to non-payment of advance court costs, and the like) | | |

1. The Criminal Division of the Regional Court adjudicates criminal cases as a court of first instance, provided that the Presidium of the Regional Court is not competent.

2. Article 25a paragraph 3 is to be applied mutatis mutandis.

1. The eligible voters of the Canton of Uri elect the Supreme Court. It is the highest cantonal judicial authority.

1a. Only persons who have completed legal studies with a licentiate or master's degree from a Swiss university or an equivalent university diploma from another state are eligible for the presidency and vice-presidency.

2. The Supreme Court consists of thirteen members, namely the president, the vice president, and eleven judges. The president of the Supreme Court serves in a full-time capacity.

3. The seat of the Supreme Court is Altdorf.

1. The Superior Court convenes as a full court and in divisions.

2. It is divided into a civil division, a criminal division, and an administrative division. Additionally, it forms from among its members the commissions provided for by this law and the special legislation.

3. Each division consists of the presiding judge, a deputy, and three judges.

4. The composition of the commissions is determined by the provisions of this law or by the special legislation.

1. To validly negotiate, deliberate, and decide, the High Court must be constituted as a full court with five members and as a division or commission with three members.

2. Special provisions in the judicial administration acts are reserved.

1. If the President of the Higher Court or a Higher Court judge is required to recuse themselves or is prevented from exercising their duties for compelling reasons, the rules applicable to the District Court shall apply mutatis mutandis.

2. The President of the Higher Court may also appoint a substitute if it is necessary to alleviate their workload.

1. As a Plenary Court, the Superior Court shall

a) constitute and organize itself

b) form the divisions and elect the commissions

c) fulfill additional tasks assigned to the Plenary Court by legislation

1. The divisions of the Superior Court resolve all disputes and tasks assigned to the Superior Court by legislation.

2. The civil division adjudicates civil disputes, including those that, according to federal or cantonal legislation, must be decided by a single judicial instance. The criminal division adjudicates criminal cases, and the administrative division handles administrative matters and administrative complaints. In cases of doubt, the President of the Superior Court allocates the matters to the respective divisions.

1. The Civil Division of the Superior Court decides all disputes

a) which, under federal law, are reserved for a single cantonal instance

b) which are brought directly before it with the consent of the involved parties, provided that no mandatory provisions oppose such action

2. As an appellate instance, the Superior Court decides on appeals and grievances according to the Civil Procedure Code (SR 272) as well as on supervisory complaints under this law.

1. The civil division of the Superior Court handles requests for legal assistance, insofar as international treaties or federal law declare it competent to do so.

2. The court may assign a court clerk or a court clerk assistant to handle requests for legal assistance.

1. Within the framework of arbitration, the civil division of the Superior Court is responsible for

a) Appeals and requests for revision

b) Receiving the arbitration award for deposit and certifying its enforceability

2. The administrative law division is responsible for

a) The appointment, challenge, dismissal, and replacement of arbitrators

b) The extension of the term of office of the arbitration court

c) Assisting the arbitration court in procedural actions

1. The higher court elects from among its members a person to serve as the appeals authority and another as their deputy.

2. The appeals authority decides as a single judge.

1. The Criminal Division acts as the appellate court in criminal matters. In the case of a prior complaint, the person who acted as the complaint authority may not be a member of the appellate court.

1. The administrative law department decides where the Regulation on Administrative Justice (RB 2.2345) provides for it.

1. Article 25a paragraph 3 shall be applied mutatis mutandis to all divisions of the Superior Court.

1. The District Governor appoints the Juvenile Court upon request of the Superior Court.

1a. Only individuals who have completed a law degree with a licentiate or master's from a Swiss university or an equivalent university diploma from another country are eligible for the presidency.

2. The Juvenile Court consists of three members, namely the president and two judges. Members of the Juvenile Court may belong to the ordinary courts.

3. The seat of the Juvenile Court is in Altdorf.

1. The District Court provides the court clerk and office staff.

1. In order to negotiate, deliberate, and decide validly, the juvenile court must be fully constituted.

2. Special provisions in the legal service enactments remain reserved.

1. If the Juvenile Court president or a member of the Juvenile Court is required to abstain or is prevented from participating due to compelling reasons, the rules applicable to the District Court shall apply mutatis mutandis.

1. The Juvenile Court adjudicates all criminal cases involving juveniles that are assigned to it by the Swiss Juvenile Criminal Procedure Code (SR 312.1).

1. The Superior Court elects the Juvenile Court Commission from among its members. It consists of five members, namely the chairperson, their deputy, and three judges.

2. To validly negotiate, deliberate, and decide, the Juvenile Court Commission must be constituted with three judges. Special provisions in the judiciary enactments remain reserved.

1. If the chairperson or a member of the Youth Court Commission of the Higher Court is required to recuse themselves or is unable to perform their duties for compelling reasons, members of the Higher Court shall be involved. The rules applicable to the District Court shall be applied accordingly.

1. The Youth Court Commission of the Higher Court is the appellate body in juvenile criminal matters.

2. As the complaints authority, the chairperson or their deputy renders judgment.

1. Within the scope of cantonal personnel law

a) the Cantonal Parliament, upon the proposal of the Government Council, appoints the Chief Public Prosecutor and their deputy.

b) the Government Council appoints the public prosecutors as well as any investigative clerks and assistant public prosecutors.

2. Subject to paragraph 1 letter a, the Government Council acts as the appointing authority.

1. If the Chief Public Prosecutor is obligated to recuse themselves or is unable to perform their duties, a deputy shall assume their responsibilities. If the office of the Chief Public Prosecutor cannot be properly staffed in such a situation, the governing council may, in urgent cases, appoint an extraordinary substitute for the specific instance.

2. If a Public Prosecutor is obligated to recuse themselves or is, for compelling reasons, unable to perform their duties, the Chief Public Prosecutor shall appoint a Public Prosecutor who is not obligated to recuse themselves.

1. The Public Prosecutor's Office consists of the Chief Public Prosecutor, his deputies, and the public prosecutors.

2. The Chief Public Prosecutor is responsible for enforcing the state's right to prosecute crimes in the canton. He leads the Public Prosecutor's Office and represents it externally.

3. The Chief Public Prosecutor has the authority to issue instructions to the public prosecutors. He must approve their decisions to dismiss cases or not to proceed with actions in cases of crimes and misdemeanors. If the Chief Public Prosecutor issues such dismissal or non-prosecution decisions, they are approved by his deputies.

4. Otherwise, the Chief Public Prosecutor and his deputies have the same duties and powers as the public prosecutors.

1. Within the framework of cantonal personnel law and the approved personnel resources, the government council can employ investigation officers and assistant public prosecutors when the workload at the public prosecutor's office requires it.

2. Investigation officers are independently responsible for the prosecution and assessment of misdemeanors. They conduct investigations into offenses and crimes on behalf of a public prosecutor. They possess the powers of a public prosecutor, subject to paragraph 3.

3. The following powers remain reserved for the public prosecutor in any case of investigations into offenses and crimes

a) the decision not to initiate an investigation

b) the initiation of an investigation

c) the application for investigative or preventive detention

d) the application for extension of detention

e) the ordering or application of compulsory measures that must be approved by the compulsory measures court

f) the termination of proceedings for substantive reasons

g) filing charges in proceedings where the proposed sentence falls outside the competence for penal orders

h) representing the prosecution in court

4. Assistant public prosecutors are investigation officers with a university degree in law. They possess the same powers as investigation officers. Additionally, they are authorized to represent the prosecution in court within the framework of penal order competence.

1. The Public Prosecutor's Office is the investigative and prosecuting authority. It conducts investigations in all criminal matters, subject to the jurisdiction of other authorities.

2. Upon completion of the criminal investigation, the Public Prosecutor's Office files charges unless it issues a dismissal order or a penal order.

3. Moreover, the Public Prosecutor's Office fulfills all tasks assigned to it by legislation, in particular by the Swiss Code of Criminal Procedure (SR 312.0).

1. The district council elects the youth attorney and one or more deputies upon the request of the governing council.

2. The governing council structures the employment relationship.

1. If the youth attorney is required to recuse themselves or is prevented from performing their duties for compelling reasons, they shall be represented by a deputy who is not required to recuse themselves.

2. If it is not possible to properly appoint the youth attorney under paragraph 1, the government council may, in urgent cases, appoint an extraordinary youth attorney for the individual case.

3. The youth attorney may also be represented if it is necessary for their relief.

1. The Youth Prosecution Office exercises the powers in investigation and enforcement procedures that, in regular criminal proceedings, are vested in the Public Prosecutor's Office and enforcement authorities, insofar as legislation does not specify otherwise.

2. It issues penal orders and carries out all other tasks assigned to it by legislation, notably the Swiss Juvenile Criminal Procedure Code (SR 312.1).

1. The Government Council is responsible for the administrative matters of the Public Prosecutor's Office and the Juvenile Prosecutor's Office. Within the framework of cantonal personnel law and the approved staffing resources, it provides them with the necessary clerical staff and ensures the required infrastructure.

2. The provisions applicable to the cantonal administration in this regard are to be applied.

1. The Higher Court exercises supervision over the judicial authorities, the court clerks, and the administrative staff of the judicial authorities.

2. The Government Council exercises supervision over the Public Prosecutor’s Office, the Youth Prosecutor’s Office, and their administrative staff. Direct supervision is carried out by the competent Directorate. This Directorate may involve external experts as deemed necessary to properly exercise supervision.

3. The independence of the supervised authority or officials in individual cases must be preserved in all circumstances.

1. The supervisory authority may take all proportionate measures to restore proper conditions.

2. In particular, it may

a) Issue and, if necessary, enforce general directives. Directives concerning individual cases are excluded.

b) Require information and additional reports on their activities from the supervised entity and conduct inspections. Persons commissioned by the supervisory authority to carry out such orders have the right to inspect the relevant procedural files, insofar as this is necessary to fulfill their mandate. They may use the knowledge gained in this process only in a general and anonymized form as a basis for their reports and recommendations.

c) Take disciplinary measures, such as issuing reprimands, imposing fines, or, provided they are not members of a court, ordering temporary suspension or dismissal from office.

1. The Superior Court elects a supervisory commission from among its members. This commission consists of five members, specifically the chairperson, their deputy, and three judges.

2. To validly negotiate, deliberate, and decide, the supervisory commission must be comprised of three members. Special provisions in judicial regulations remain reserved.

3. Article 53 applies mutatis mutandis to representation.

4. The supervisory commission exercises oversight on behalf of the Superior Court over the judicial authorities, court clerks, and office staff.

**1. Complaint of Supervision Against Official Acts and Omissions**

1. Against official acts and omissions of judicial authorities, any person may file a complaint of supervision with the Superior Court; complaints of supervision against the Public Prosecutor's Office and the Juvenile Prosecutor's Office are to be submitted to the Government Council.

1a. The complaint of supervision is only available if no other appeal option is available. The complaint of supervision is inadmissible against final-instance judgments.

2. In the complaint of supervision procedure, the complainant (informant) does not have any party rights.

3. The execution of the challenged official act is only suspended by the complaint of supervision if ordered by the Supervisory Commission or its chairperson.

4. If there is doubt about whose jurisdiction the handling of the complaint of supervision falls under, the respective authorities shall communicate with each other to resolve the matter.

1. The Cantonal Police may impose a fixed fine on the spot for minor infractions, provided the offending person agrees to it.

2. The Government Council may authorize additional persons to impose administrative fines for certain subject areas. The provisions of this section also apply there.

3. The administrative fine procedure is excluded

a) in cases of offenses that have caused damage or injured or endangered persons

b) in cases of offenses committed by juveniles who have not yet reached the age of 15

c) if the offending person is also accused of an offense not listed in the fine catalog

d) if there are reasons for an exemption from punishment (Art. 52 et seq. Swiss Criminal Code)

1. The Executive Council shall determine in a regulation (RB 3.9223) those minor infractions that may be sanctioned through summary fine proceedings.

2. The maximum fine in the summary fine procedure is 300 Swiss Francs. The Executive Council shall issue a definitive fine list, which contains the individual offenses and the associated summary fines.

3. If the offending person fulfills multiple summary fine criteria through one or more violations, the fines are aggregated, and a collective fine is imposed.

4. If the offending person rejects the summary fine procedure for one of several alleged infractions or if the total of multiple fine amounts exceeds twice the maximum limit as per paragraph 2, all infractions shall be adjudicated in the ordinary procedure.

5. A summary fine may only be imposed if the offending person agrees to it; they shall be granted a reflection period of 30 days for this purpose. It is inadmissible if a higher fine is considered or if the case is legally or factually unclear.

6. The summary fine becomes legally binding upon payment.

7. The summary fines accrue to the public entity whose police organs collected them. If the ordinary criminal procedure is conducted, the fines accrue to the canton.

1. The Executive Council issues supplementary provisions pertaining thereto.

1. Special legislation designates the administrative authorities that prosecute and adjudicate offenses.

1. The language of proceedings before the criminal authorities is German.

1. Criminal authorities may inform other authorities about pending or completed criminal proceedings insofar as they rely on the information to fulfill a legal duty, the public interest in the information outweighs the parties' personal rights, and no overriding private interest opposes this disclosure.

1. Official Announcements of the Criminal Authorities and the Administrative Authorities Exercising Penal Powers are Published in the Official Gazette of the Canton of Uri.

1. Through the act of clemency, all penalties imposed by a cantonal authority through judgment or penalty order can be completely or partially remitted or commuted to lighter penalties.

1. Authority for Pardons is Subject to Article 381 of the Penal Code (SR [311.0](https://db.clex.ch/link/Bund/311.0/en))

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| a) | the Government Council for fines, monetary penalties of up to 180 daily rates, imprisonment of up to six months, and for community service | | |

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| b) | the Cantonal Parliament for monetary penalties exceeding 180 daily rates and imprisonment exceeding six months | | |

1. The pardon application must be submitted to the Executive Council in writing. It must be accompanied by a brief justification and appropriate documentation.

2. The Executive Council shall conduct the necessary investigations in all cases. It may assign this task to the Public Prosecutor's Office or the police.

3. If the Executive Council is not competent to decide on the application itself, it forwards it to the District Council along with its report and recommendation.

1. The application for pardon only suspends execution if ordered by the governing council.

1. The pardon decree determines the scope of the pardon. It does not need to be justified.

2. The provisions of the judgment or the penal order concerning civil claims, costs, and compensations are not affected by the pardon.

1. The following laws are repealed

a) Law of May 4, 1851, concerning the public nature of district council and court proceedings

b) Organizational Law of January 26, 1958, for the Urn Court Authorities

1. Amendments and supplements to other laws can be found in the annex, which constitutes part of this statute.

2. The District Administrator is authorized to amend further regulations concerning competencies in laws, insofar as it appears reasonable for organizational reasons and the appeal to the higher instance is ensured.

1. Upon the enactment of this law, all pending proceedings shall be transferred to the newly competent judicial authorities. The Supreme Court may order exceptions for a period not exceeding four months after the enactment of this law.

2. All appeal deadlines that have not expired at the time of the enactment of this law shall be governed by the law that is more favorable to the litigant.

3. The proceedings shall be conducted according to the new law.

1. For the 2018 Revision, the following transitional provisions apply

a) The District Court of Ursern shall exercise its judicial activities until May 31, 2023.

b) The provisions regarding the District Court of Ursern and its members concerning their election and remuneration remain applicable until the date specified in letter a.

c) The District Court is competent for the continuation and resolution of a proceeding if it is still pending on May 31, 2023.

d) Articles 8a, 8b, and 8c concerning judicial administration shall come into effect on January 1, 2020. Until then, the previous law remains in force.

1. The term of office of members of authorities that are abolished or restructured by this law shall end with the entry into force of this law. Article 61 paragraph 1 remains reserved.

1. This law shall be submitted to the people for a vote simultaneously with the corresponding constitutional proposal. If the proposal is rejected, the law shall lapse.

**1. The Government Council determines when the law comes into force. It may enact it gradually.**