Administrative regulation of the judicial branch (RAOJ) - Scope of Application [ 11 ] (RAOJ)

1. This regulation defines the powers, obligations, and procedures governing the judicial bodies in matters of administration.

2. These bodies are

a. the Plenary Court;

b. ...

c. the Administrative Court;

d. the President and Vice-President of the Cantonal Court;

e. the Secretary-General;

f. the heads of the judicial offices.

3. The organization of the Cantonal Court, as well as the procedures governing its functioning, are defined by the Organic Regulation of the Cantonal Court [C].

4. The principles, organization, and procedure regarding information are governed by the Judicial Order Regulation on Information [D].

1. The Cantonal Court, through its Plenary Court and Administrative Court, oversees the judicial system with the assistance of the Secretary General (Art. 8, para. 1 LOJV [A] ).

1. The Plenary Court exercises high supervision over the administration of justice and the direction of the judicial order.

2. It decides on the general principles regarding the management of the judicial order.

3. It may issue directives to the Administrative Court concerning management.

4. In the event that the Administrative Court does not comply with its directives, it may take upon itself the matters to which these directives pertained.

1. In the month of January of the third year following the renewal of the Grand Council, the Plenary Court appoints for five years the professional judicial magistrates listed in Article 17 of the LOJV, with the exception of cantonal judges, upon the recommendation of the Administrative Court (Art. 24 para. 1 LOJV).

1. In the event of a vacancy during the five-year term, the full court shall appoint the judges indicated in the previous article, for the remainder of the period, upon the recommendation of the administrative court (Art. 24 para. 2 LOJV).

2. It appoints ad hoc judges when the term of office exceeds the jurisdiction of the administrative court (Art. 63 LOJV [A] and 22, para. 2 below).

1. In the month of January of the third year following the renewal of the Grand Council, the Plenary Court appoints for five years the members and alternate members of the Bar Chamber, upon the recommendation of the Administrative Court.

2. In the event of a vacancy during the five years, the Court proceeds with an appointment for the remainder of the term in accordance with the same procedures.

1. The Plenary Court is the appointing authority of the Secretary General and the Chief Clerk of the Cantonal Court.

1. The Plenary Court enacts the regulations and tariffs that the law places within the jurisdiction of the Cantonal Court.

1. The Plenary Court

a. decides on draft laws submitted to the Cantonal Tribunal and provides opinions requested by the latter;

b. examines questions submitted to it by the Administrative Court;

c. may request information from the Administrative Court regarding the decisions it makes and the progress of judicial business.

1. The Administrative Court is composed of the President of the Cantonal Court, the Vice-President, a member, and a deputy. It convenes with three members. The Secretary General attends the sessions with an advisory vote.

2. It assumes the general management of the judicial order.

3. It exercises all the powers that are not reserved for the Plenary Court or assigned to the Secretary General.

4. It defines the activities of the judicial order, adapts the organization of it to the evolving needs, and ensures the provision of necessary resources as well as their optimal use.

1. The Administrative Court submits any question or decision to the Plenary Court when it deems it appropriate.

2. It regularly informs the Plenary Court of the decisions it makes and the progress of judicial matters.

3. It submits to the Plenary Court draft determinations on matters for which the Cantonal Court is consulted and opinions or drafts on all other matters under its jurisdiction.

4. ...

1. The Administrative Court adopts the decision regarding the organization of the General Secretariat of the Judicial Order.

1. The Administrative Court issues the directives of the Cantonal Tribunal.

2. It conducts the necessary consultations.

1. The Administrative Court adopts the planning of the judicial order, determining the objectives, needs, resources to be obtained, and timeframes for completion.

1. The Administrative Court exercises the powers conferred by law on the Cantonal Court regarding territorial organization and the assignment of magistrates to judicial authorities.

1. The Administrative Court Organizes the Substitution of Office Heads.

1. The Administrative Court ensures the coordination of all activities within the judicial order.

2. It promotes internal communication within the judicial order, notably through the exchange of information and meetings.

3. It settles disputes between a head of office and the secretary-general.

4. During each five-year period, the offices receive at least one visit from a delegation of the Cantonal Court organized by the Administrative Court.

1. The Administrative Court oversees the operation and management of the entire judicial order.

2. Oversight is exercised particularly through the budget and accounts, as well as through periodic management reports from the offices.

3. The Administrative Court may, at any time, conduct any verification or inspection with the judicial authorities and offices and request the production of any necessary information or documents (art. 31 and 51 LOJV [A]).

4. It may also charge the Cantonal Court's chambers with extraordinary inspections and assign them special missions.

1. The Administrative Court

a. defines and controls the delegation of administrative powers;

b. enacts rules regarding signatures.

1. In January of the third year following that of the renewal of the Grand Council, the Administrative Court appoints for a term of five years

a. judicial magistrates, with the exception of the professional magistrates listed in Article 17 LOJV (Art. 24 para. 1 LOJV).

b. experts of the Lease Tribunal (Art. 4 para. 1 lit. c LJB [E]);

c. ...

d. the members and alternate members of the Chamber of Licensed Business Agents, upon prior notice from the Association of Licensed Business Agents (Art. 54 LPAg [F]);

e. the members of the Cantonal Patrimonial Chamber (Art. 96f para. 3 LOJV).

1. In case of vacancy during the five-year term, the Administrative Court shall make the necessary appointments (Art. 24 para. 2 LOJV).

2. It may appoint ad hoc judges for a duration of six months at most when circumstances justify it (Art. 63 LOJV [A]).

3. It appoints, for two years, the president and the members of the Training Chamber, as well as their deputies, upon the recommendation of the Bar Association and the Young Bar (Art. 15, paras. 3 and 4 LPAv [G]).

4. It appoints, for a renewable two-year term, the members of the Liaison Commission (Art. 12a, para. 2 RMCA [H]).

1. In the event of a vacancy in a judicial office, the Administrative Court examines the appropriateness of filling the position and, if applicable, determines the procedures for doing so.

1. The Administrative Court is the appointing authority for the Deputy Secretary-General, the Head of Communications, the officers in charge of prosecutions and bankruptcies, and the officer responsible for the commercial register.

2. Except for the Cantonal Court and the Neutral Court, the Administrative Court appoints a head of office for each judicial authority (Art. 2 of the LOJV [A]) from among the professional magistrates who are its members.

1. The Administrative Court calls judicial magistrates to order (Art. 31, para. 2 LOJV [A]).

2. It may refer a particular case to the Judicial Council.

1. The Administrative Court decides on the initiation of an investigation and imposes disciplinary sanctions on the officers and other collaborators of the offices of debt enforcement and bankruptcy (Art. 14 of the Debt Collection and Bankruptcy Act [I] and 9 of the Cantonal Debt Collection and Bankruptcy Ordinance [J]).

1. The Administrative Court grants the authorizations provided for to the collaborators of the Juvenile Court and the Court of Coercive Measures and the Execution of Sentences, respectively, in Article 9 of the LVPPMIN [K] and Article 11, paragraph 6bis of the LEP [L].

1. The Administrative Court has jurisdiction to adjudicate on matters relating to ancillary activities or public responsibilities (Art. 89) concerning magistrates, the Secretary-General, and the collaborators listed in Article 24.

1. The Administrative Court adopts the terms of reference for the Secretary General, the Deputy Secretary General, the Communications Officer, as well as the Heads of Office.

1. The Administrative Court ensures the detection of training needs for judges and collaborators of the judicial order.

2. It implements the appropriate training actions (art. 53 et seq. LOJV [A]).

1. Subject to the specific provisions of the judicial order regulation on information [D], the Administrative Court releases judges, the Secretary General, the Chief Clerk of the Cantonal Court, and the staff listed in Article 24 from their duty of confidentiality (Art. 18 LInfo [M]) and authorizes them to testify in court (Art. 19 LInfo).

1. The Administrative Court grants or denies the Council of State the authorization to initiate a direct or recourse action against a judicial officer and, if applicable, designates the court before which this action must be brought (Article 19 of the Law of May 16, 1961, on the Liability of the State, Municipalities, and their Agents [N]).

1. The Administrative Court adopts the judicial order's budget proposal (Article 8, paragraph 5 of the LOJV [A]).

2. It decrees the necessary measures for budget compliance.

3. It supervises the accounts of the judicial order (Article 15, paragraph 3 of the LOJV), with the support of the General Secretariat of the judicial order.

1. The Administrative Court manages relations with other authorities and the public.

2. The provisions of the judicial order regulation on information [D] are reserved.

1. The Administrative Court appoints, upon the proposal of the chairpersons of the relevant committees, the members of the examination boards for obtaining the license of a certified business agent (Art. 16 LPAg) and of an enforcement and bankruptcy officer (Art. 10 LVLP).

2. Based on the anticipated number of candidates and examination sessions, it appoints for two years the individuals likely to serve on the bar examination board (Art. 33, para. 1 LPAv [G]).

3. In view of the report from the examination board, it grants or denies the licenses mentioned in paragraph 1 (Art. 35, para. 1 LPAv, Art. 15 LPAg).

1. The Administrative Court

a. rules on applications for inscription on the register of trainee lawyers (Art. 21 et seq. LPAv [G]);

b. grants prior authorization concerning the modalities of the traineeship (Art. 25 LPAv) and rules on applications for admission to examinations (Art. 32 LPAv);

c. draws up the list of recognized public utility organizations (Art. 38, para. 2 LPAv);

d. ...

e. ...

f. ...

g. releases a lawyer from professional secrecy (Art. 321, no. 2 CP [O]);

h. sets the indemnities allocated to the members of the Chamber of Lawyers and the Chamber of Traineeship (Art. 18 LPAv);

i. ...

1. The Administrative Court receives solemn declarations from

a. trainee lawyers (Art. 24 LPAv [G]);

b. licensed legal agents (Art. 24 LPAg [F]).

1. The Administrative Court

a. determines the opening days and hours of the judicial offices (Art. 12 LOJV [A]);

b. forms study groups as needed;

c. designates the representative organizations of tenants or landlords (Art. 36, para. 2 CDPJ [P]).

1. The President represents the judiciary.

2. He ensures the proper execution of the decisions of the Plenary Court and the Administrative Court.

3. He presides over the Plenary Court and the Administrative Court and convenes them in ordinary or extraordinary sessions.

1. The vice president replaces the president in the event of his/her incapacity.

2. The substitute completes the Administrative Court in the event of the absence of one of its members.

3. The Administrative Court may assign particular tasks to the substitute.

4. If necessary, a judge may be called to temporarily sit on the Administrative Court.

1. The Secretary General assumes the administrative direction of the judicial order. He is assisted by a Deputy Secretary General.

2. In his areas of competence, he exercises the functions of head of service, particularly within the meaning of the law of 12 November 2001 on the personnel of the State of Vaud [B] and its implementing provisions [Q].

3. The Deputy Secretary General replaces the Secretary General in the event of the latter's inability to act.

1. The Secretary-General provides the other governing bodies of the judiciary with the necessary support and assistance for the operation and management of judicial authorities and offices, as well as their adaptation to new needs.

2. He keeps the minutes of the Plenary Court and the Administrative Court.

3. He ensures the secretariat of the Chamber of Lawyers and the Chamber of Licensed Business Agents.

4. He maintains a register of delegations of authority (Art. 20).

1. The Secretary-General receives all communications addressed to the Cantonal Court that pertain to the responsibilities of the Plenary Court and the Administrative Court.

2. He signs, along with the President, in the name of the Cantonal Court, particularly regulations, circulars, and patents or certificates of competency.

1. The Secretary-General prepares the planning of the judiciary, determining the objectives, the needs, the resources to be obtained, and the timeframes for completion.

2. He submits it to the Administrative Court.

1. The Secretary-General coordinates the activities of the judicial offices in order to harmonize their practices.

2. He periodically gathers the heads of office for communication and information sharing, as well as for the joint pursuit of improvements in methods and practices.

1. The Secretary General develops and implements the necessary means for monitoring the activity of the offices.

2. He may carry out any control or inspection with the judicial authorities and offices and require the provision of any necessary information or document (arts. 31 and 51 LOJV [A]).

1. The Secretary-General shall ensure the maintenance and development of an adequate organization of the judiciary.

1. The Secretary-General coordinates the preparation of the draft budget and submits it to the Administrative Court.

1. The Secretary-General ensures and oversees the execution of the budget.

2. He is responsible for the submission of requests for additional appropriations and their justification.

3. He periodically informs the Administrative Court of the state of expenditures.

1. The Secretary General prepares the annual accounts of the judiciary and submits them to the Administrative Court.

1. The Secretary-General adopts the organizational decisions of the judicial offices.

2. He organizes the General Secretariat and determines the responsibilities he delegates to the Deputy Secretary-General and other collaborators of the General Secretariat.

1. The Secretary-General drafts the terms of reference for the Deputy Secretary-General, the Communications Officer, and the Office Heads. He submits them to the Administrative Court.

2. He adopts the terms of reference for the other collaborators of the General Secretariat.

1. The Secretary-General implements and develops recruitment and selection methods for personnel.

2. He reviews hiring applications with the office heads and makes decisions regarding the recruitment procedure.

3. He initiates the job posting process.

1. The Secretary-General is the appointing authority for the staff members of the judiciary, subject to the competencies of the Plenary Court and the Administrative Court (Art. 32 RLPers-VD [Q]).

2. He ratifies the appointments for which he has delegated authority to the heads of offices, as well as their proposals related to job management.

1. The Secretary-General is competent to make decisions regarding ancillary activities or public duties (Article 89) concerning the staff members mentioned in Article 54.

1. Subject to the specific provisions of the judicial order regulation on information [D], the Secretary General releases the collaborators mentioned in Article 54 from their duty of confidentiality (Art. 18 LInfo [M]) and authorizes them to testify in court (Art. 19 LInfo).

1. The Secretary-General grants salary advances.

1. The Secretary-General implements the training plans defined by the Administrative Court.

2. He decides on specific requests.

1. The Secretary-General is responsible for the planning, management, and control of premises and other material resources necessary for the authorities and judicial offices.

2. He provides the offices with technical assistance in this matter.

1. The Secretary General ensures the means for adequate communication both within and outside the judiciary.

1. The Secretary General keeps up-to-date rolls and files for

a. the judges and substitute judges of the Cantonal Court (with their distribution among the different chambers and sections) as well as the assessors of the Administrative and Public Law Chamber and the assessors of the Social Insurance Chamber;

b. the magistrates and collaborators of the judicial order, as well as the experts of the Lease Tribunal;

c. the lawyers, legal advisors, and trainees;

d. the licensed legal agents;

e. ...

f. the trainees of a licensed legal agent.

2. He keeps up-to-date the registers prescribed by the Lawyers Act [G] and the Licensed Legal Agents Act [F].

1. The Secretary-General organizes and presides over the handover of duties between magistrates or collaborators of the judiciary.

1. The following are heads of office within the meaning of the Law of 12 November 2001 on the State of Vaud Personnel [B], its implementing provisions [Q], and the present regulations

a. ...

b. the first president of the Juvenile Court;

c. the first president of the Lease Court;

d. the first presidents of the district courts;

e. ...

f. the first justices of the peace;

g. the first president of the Court of Compulsory Measures and Enforcement of Sentences;

h. the first clerk of the Cantonal Court;

i. the heads of debt collection and bankruptcy offices;

j. the head of the commercial register office.

1. The head of office is responsible for the proper functioning of his office.

2. He ensures to regularly inform the magistrates or the senior officials of his office. He consults them before issuing a preliminary opinion.

3. He organizes it and determines the delegations of authority within the limits of the directives he receives.

4. He coordinates and controls the activities of his collaborators.

1. The head of office manages the financial affairs of the office within the framework of the responsibilities conferred upon him by this regulation and the directives of the secretary-general.

2. He reports the needs of his office to the secretary-general, particularly the forecasts for staff and operational expenses, for the purpose of budget preparation.

3. He manages the budgetary items for which he is responsible and informs the secretary-general of any discrepancies from the allocated credits.

1. The head of office participates in the development of the organizational decision of their office.

2. They ensure its implementation.

1. The head of office establishes and updates the job descriptions for each of their collaborators.

1. The head of office submits the employment requests, along with their justification, to the Secretary-General.

2. He selects the candidates.

3. He arranges for their initial salary to be set by the Human Resources Department.

1. Within the scope of the delegated powers, the head of office hires staff as well as apprentices, subject to the approval of the Human Resources Department and ratification by the Secretary General.

2. In other cases of hiring staff, he submits a complete proposal to the Secretary General.

1. The head of office oversees the professional training of their collaborators and ensures their proper integration within the office.

1. The head of office ensures that the Secretary-General receives all necessary information for personnel administration in a timely manner and reports any facts that may affect salary payment.

2. They monitor absences, vacations, overtime, leaves, and service expenses of the office staff.

3. They maintain an up-to-date record of absences.

1. The head of office submits to the Secretary General, along with his proposals, the cases of recruitment as well as promotion, transfer, termination of employment, and resignation of his collaborators.

2. He also submits to the Secretary General any situation in which consideration should be given to initiating a warning procedure or termination of the employment contract against a collaborator.

1. Judicial Magistrates are appointed following an announcement published in the Official Gazette of the Canton of Vaud and, if applicable, in other newspapers (art. 25 LOJV [A]).

1. The following magistrates are appointed without public announcement

a. Lay judges and experts of the Lease Tribunal, upon proposal of the following associations: the Swiss Tenants' Association Vaud (ASLOCA), the Vaud Chamber of Real Estate (CVI), the Swiss Union of Real Estate Professionals Vaud (USPI-Vaud), and the Swiss Real Estate Association (SVIT Romandie);

b. Lay assessors of expropriation tribunals, upon proposal of one of the following professional associations: The Vaud Notaries' Association, the Vaud Society of Surveying Engineers and Rural Engineering, the Vaud Society of Engineers and Architects;

c. Lay judges of labor courts (industrial tribunals), upon proposal of the following associations: the Vaud Employers' Federation (FPV), the Vaud Chamber of Commerce and Industry (CVCI), the Vaud Trade Union (USV), the Swiss Association of Commercial Employees (SSEC);

d. The president of the Labor Court of the Cantonal Administration, after consultation with the presidents of the district courts;

e. Lay judges of the Labor Court of the Cantonal Administration, upon proposal of the Council of State and staff associations (Art. 15, para. 6 LPers-VD [B]).

1. The vice-presidents and judges of district courts are appointed upon the recommendation of the first president.

2. ...

1. Assistant justices of the peace are appointed upon the recommendation of the chief justice of the peace.

1. The vice-presidents and associate judges of the Juvenile Court are appointed upon the recommendation of the Chief Justice.

1. The vice-presidents of the labor courts and those of the Labor Court of the Cantonal Administration are appointed upon recommendation from the president of the respective court.

1. The members of the judiciary are appointed following a public announcement, in accordance with Articles 17, paragraph 1 LPers-VD [B] and 26 to 29 RLPers-VD [Q].

1. A regulation governs the solemn promise of magistrates and collaborators of the judiciary (Art. 27 LOJV [A] and 17, para. 3 LPers-VD [B]).

1. The working hours of the collaborators of the judiciary who must devote all their time or a certain portion of their time to their functions are set according to the standards applicable to the administrative staff of the State.

1. The Secretary-General, the heads of office, and the presidents of the authorities to which they report are competent to order additional working hours for the staff of the judicial order.

1. Professional Judges Announce Their Absences to the Head of Office.

1. Heads of office shall announce their absences to the Secretary-General and inform him/her of the measures taken for their replacement.

2. Article 11 of the law of May 18, 1955, concerning the application in the Canton of Vaud of the federal law on debt enforcement and bankruptcy [J] is reserved regarding officials in charge of debt enforcement and bankruptcy.

1. Any document to be transmitted to the Cantonal Court through official channels, in accordance with Article 20 RLPers-VD [Q], must be submitted to the head of office, who forwards it to the Secretary General.

2. The head of office shall attach their recommendation if necessary.

1. Heads of office report to the Administrative Court any judge of the judiciary who breaches their obligations.

1. The heads of office shall submit the statistical tables to the Secretary-General by January 15.

2. They shall submit their annual report to the Administrative Court by January 25.

1. Members of the judiciary must report any remunerated secondary activity to the Secretary General, even if it is performed outside working hours, as well as any non-remunerated secondary activity when it may be incompatible with the function.

2. The Administrative Court, or the Secretary General, respectively, may prohibit the secondary activity if it is incompatible with the member's function or may subject it to certain conditions in accordance with Article 127 RLPers-VD [Q].

3. Members of the judiciary must obtain authorization from the Administrative Court, or the Secretary General, respectively, before accepting a non-mandatory public office.

4. This authorization is not required for the offices indicated in Article 129 RLPers-VD and for the position of municipal councilor or general councilor.

1. A magistrate who must retire or resign from their position due to age shall remain in office until the end of the month in which they reach the statutory age.

2. ...

3. If a magistrate resigns from their position before being legally required to do so, they must notify the Administrative Court of the date on which they intend to relinquish their duties, providing a six-month notice period.

1. A regulation governs the attire of judges and judicial officers during court hearings.

2. During hearings held in the courtroom of judicial authorities, except in matters of prosecutions and bankruptcies, representatives of the Public Prosecutor's Office, lawyers, and trainee lawyers shall wear a gown or black clothing.

1. Bailiffs are responsible for serving hearings, notifying parties of legal documents, circulating and transmitting files, and handling postal services for the authority and office where they are employed.

2. They execute mandates entrusted to them by presidents, justices of the peace, and office heads concerning their duties and may be called upon at any time by the presidents to perform extraordinary services.

1. Bailiffs wear the uniform and the official badge for the service of hearings held in courtrooms. For hearings held outside courtrooms, they wear the badge.

2. When a bailiff takes office, the office head ensures that the incoming bailiff receives from their predecessor the items that were in the predecessor's custody, particularly the official badge.

1. When a head of office assumes their position, the handover by their predecessor of assets, accounting records, seals, registers, files, equipment, and archives takes place under the supervision of the Secretary General of the judicial order or one of their associates.

2. The handover is documented in a report drawn up in three copies - one of which is for the Cantonal Court - signed by the Secretary General or their representative, by the incoming head of office, and by the outgoing head of office, their representative, or their heirs.

3. This report includes a statement of ongoing matters and cash, as well as an inventory of deposited assets, seals, registers, files and other documents, equipment, and furniture. If there is a large number of files, the report may refer to the case docket.

4. The registers and the archive catalog are endorsed, at the date of the handover, by the incoming head of office and by their predecessor, their representative, or their heirs.

1. The Tenancy Court is seated in Lausanne (Art. 3, para. 1 LJA [E]).

1. Under the authority of the magistrate in charge of the file, the court clerk's duties notably include

a. ensuring the proper maintenance of hearing minutes;

b. initialing and signing, where applicable, procedural acts, documents, or copies of judgments;

c. drafting judgments.

1. This regulation shall enter into force on January 1, 2008.

2. It repeals the judicial administration regulation of July 7, 1992.