Regulation of the Judicial Branch on Information (ROJI) - Scope of Application (ROJI)

1. This regulation defines for the judiciary the principles, organization, and procedure regarding information.

1. The Cantonal Court regularly informs the public and the media about the activities, projects, and objectives of the judiciary, as well as on current judicial topics that are of public interest.

1. It makes available to the public, notably on its website, information useful for understanding the functioning of the justice system and likely to facilitate access to it.

1. The judiciary ensures that the work of the media is facilitated, within the limits imposed by the proper functioning of justice and the respect for the rights of the parties and third parties.

2. The Cantonal Court organizes at least one press conference per year regarding the state of justice in the canton.

1. Professional journalists who wish to regularly cover judicial affairs in Vaud are, upon request accompanied by proof of their registration in the professional register, accredited by the Administrative Court. Other journalists who provide similar assurances regarding the exercise of their activity may also be accredited. The Secretariat General of the judicial order maintains an up-to-date list of accredited journalists.

2. The Administrative Court decides on the advantages granted to accredited journalists and the commitments they must undertake.

3. The Administrative Court revokes the accreditation of beneficiaries who are no longer registered in the professional register or who no longer meet the equivalent guarantees.

4. Accredited journalists who breach their commitments in a culpable manner may receive a reprimand. In severe cases, the accreditation may be revoked temporarily or permanently.

1. Recordings, photography, and filming related to a criminal procedure within the court premises, as well as recordings of procedural acts outside the court, are prohibited (Art. 71, para. 1 CCP [D]).

2. Recordings, photography, and filming related to a civil or administrative procedure are subject to the prior authorization of the magistrate in charge of the case.

3. Recordings, photography, and filming not related to a procedure are subject to the prior authorization of the magistrate responsible for the concerned judicial authority. The following paragraph 5 is reserved.

4. Recordings, photography, and filming in the premises of enforcement and bankruptcy offices or the Cantonal Commercial Registry Office are subject to the prior authorization of the Secretary General of the Judicial Order.

5. It is prohibited to make recordings, photography, and filming of the parties, their representatives, or any other person (e.g., witness, expert) within the premises. The Administrative Court is competent to grant exceptions to this prohibition.

1. The Administrative Court Appoints a Communications Officer.

1. The communications officer assesses the informational and communication needs of the judiciary. He defines the objectives and general principles in this area and submits them to the Administrative Court.

2. Under the supervision of the Administrative Court, the communications officer is responsible for the implementation of the communication policy. He ensures the coordination of information within the judiciary and, where applicable, with the cantonal administration.

3. He ensures that judges and staff members of the judiciary receive adequate training. He makes any useful proposals regarding this to the Administrative Court.

1. On the proposal of the communications officer, the Administrative Court issues the necessary directives concerning information.

1. Judges and collaborators of the judicial order are bound by professional secrecy.

2. Judges of first instance and collaborators of the judicial order shall only express themselves publicly, in their official capacity, orally, in writing, or through the media, with the prior authorization of the Administrative Court.

3. In urgent cases, this authorization may be granted by one of the members of the Administrative Court, the Secretary General of the Judicial Order, or the communication officer.

4. This prior authorization is notably required

a. when it involves expressing views on legal subjects or any questions relating to the administration of justice or the functioning of the judicial order, whether during public speeches (e.g., conferences) or through the media;

b. subject to the exceptions provided for in Articles 12 and 13, when it involves expressing views on a pending or concluded proceeding.

5. Except in urgent cases, district judges shall only express themselves publicly, in their official capacity, orally, in writing, or through the media, after having informed the Administrative Court in due time.

1. This chapter governs the provision of information, whether given spontaneously or in response to a request, in connection with pending or completed proceedings.

2. Requests for information and consultation of official documents related to the non-judicial activities of the judicial system are governed by Chapter V.

1. In criminal matters, the magistrate in charge of the case and the communications officer are competent to provide the necessary information in relation to a pending or completed procedure, under the conditions set by the Code of Criminal Procedure [D], notably by Article 74 of the CCP.

2. Prior authorization from the Administrative Court is necessary (Art. 10, para. 2 and 4) when the provision of this information involves expressing oneself in detail, particularly in the context of a radio or television broadcast or a press article. However, it is not necessary if it involves only succinctly answering media questions.

3. The heads of office ensure consistency in the practice of information dissemination within their office.

1. In civil and administrative matters, the magistrate in charge of the case and the communications officer are competent to provide necessary information related to a pending or concluded procedure, particularly

a. when, given the nature of the case or if it is known to the public, immediate information is indicated;

b. if it is indicated to prevent the dissemination of erroneous information or to correct such information;

c. if the protection or warning of the public requires it.

2. Article 12, paragraphs 2 and 3 apply by analogy.

3. If the procedure is handled by an office for debt collection and bankruptcy or by the Cantonal Commercial Register Office, the necessary information shall be provided by the Secretary General of the judiciary, the communications officer, or, by delegation, directly by the head of the office concerned.

1. The consultation of decisions rendered in criminal matters is governed by Article 69 of the Criminal Procedure Code [D].

2. The consultation of decisions rendered in civil matters is governed by Article 54 of the Civil Procedure Code.

3. The magistrate in charge of the case is competent to rule on particular cases.

1. Subject to the specific provisions of federal and cantonal law, the magistrate in charge of the file or the General Secretary of the judiciary for matters handled by the offices of debt collection and bankruptcy or by the Cantonal Office of the Commercial Register may, upon a written and substantiated request from a lawyer, a notary, a certified business agent, a person conducting scientific research, or any other person justifying a relevant interest, issue a copy of a judicial decision rendered in an archived file or authorize consultation of an archived file.

2. He ensures the respect of the rights of the parties and third parties.

3. A fee may be charged, notably based on the Civil Judicial Charges Tariff [E], the Criminal Judicial Charges Tariff [F], the Judicial Charges Tariff in matters of administrative and public law [G], the Judicial Charges and Costs Tariff in matters of social insurance law [G], or the Federal Ordinance on charges collected pursuant to the Federal Law on Debt Collection and Bankruptcy [H]. They are, where applicable, applied by analogy.

4. In case of refusal, the competent authority issues a decision with a summary rationale and indicates, if necessary, the channels and deadlines for appeal.

5. When official documents are transferred to the cantonal archives, the authority designated by articles 12 and 13 retains jurisdiction to rule on a consultation request until the expiration of the protection period set (arts. 11 and 12 LArch [I]). Exceptions defined by the Administrative Court are reserved. After the protection period, the cantonal archives hold sole competence.

1. The Cantonal Court determines the case law made available to the public on its website and that which is proposed for publication in legal journals.

2. It ensures the respect of the rights of the parties and third parties.

1. This chapter governs the processing of requests for information and the consultation of official documents (Art. 9 LInfo [A]) related to the non-judicial activities of the judiciary.

2. Requests for information related to a pending or concluded procedure are governed by Chapter IV.

1. The following are competent to rule on requests for information within the meaning of Article 17, paragraph 1 above

a. concerning the authorities they head, respectively the President of the Cantonal Court, the Chief Judges of the courts, the Chief Justices of the peace, and the communications officer;

b. concerning judicial offices, the Secretary General of the judiciary or the communications officer.

1. Requests are immediately forwarded to the competent authority or the communications officer. If they do not contain sufficient information to proceed, the authority shall inform the applicant without delay.

1. When the conditions for admitting the request are met, particularly with regard to articles 9, 15, and 16 of the Information Act [A], the competent authority shall provide the information, authorize on-site consultation of the relevant official document, or issue a copy thereof.

2. The information may, with the applicant's consent, be transmitted orally.

1. Subject to the cases provided for in Article 12, paragraphs 2 and 3 of the Information Act [A], a response to the request is given as quickly as possible, but in any case within fifteen days from the date of receipt of the request.

2. Requests for information originating from the media are processed taking into account editorial deadlines.

1. If the collection of a fee is justified (Art. 11 LInfo [A] ), the authority shall immediately inform the applicant. The amount of the fee is determined in Article 17 of the implementing regulation of the information law [J].

2. The request for information or consultation is only processed upon receipt of the required fee.

1. When the request for information must be rejected, in whole or in part, the authority issues a brief reasoning for its decision. This decision is notified to the applicant with, if applicable, an indication of the avenues and deadlines for appeal (Art. 23 LInfo [A]).

2. The appeal procedure is free of charge, except in cases of recklessness.

1. This regulation repeals the one dated April 29, 2003.

2. It comes into force on September 1, 2006.