Judicial Council Act (LCMag) - Object and Scope (LCMAG)

1. This law establishes a Judicial Council responsible for ensuring the proper functioning of the justice system.

2. It applies to all members of the judicial authorities and those of the Public Prosecutor's Office.

3. It does not apply to the judges of the Neutral Tribunal.

**1. The Judicial Council is an independent authority and exercises its supervisory mission autonomously.**

1. Any designation of person, status, function or profession used in this law applies equally to both women and men.

1. The Judicial Council is authorized to process personal data necessary for the fulfillment of its tasks, including sensitive data, in compliance with the principles of the Vaud Law on the Protection of Personal Data.

1. The nine members of the Judicial Council are

a. two members of the Cantonal Court, proposed by the Plenary Court of the Cantonal Court;

b. one professional member of the judiciary of first instance, proposed by their peers;

c. two members of the Public Prosecutor's Office, including at least one District Prosecutor, proposed by the College of Prosecutors;

d. a former President (Bâtonnier) of the Vaud Bar Association, as well as a lawyer registered with the Vaud Cantonal Register of Lawyers for at least 10 years, proposed by the Grand Council's Presentation Committee;

e. two other persons proposed by the Grand Council's Presentation Committee, possessing particular skills useful for the functioning of the Judicial Council, for example in human resources or mediation.

1. The Grand Council elects the members of the Council of the Judiciary from among the candidates proposed by the authorities or institutions indicated in the previous article.

2. Each authority or institution proposes one candidate per available seat.

3. The election of persons proposed by the Presentation Commission takes place by category list voting, while the election of other members occurs by individual voting.

4. The election is conducted in a single round of voting, by absolute majority.

5. Blank ballots are included in the calculation of the absolute majority.

6. The Grand Council ensures, to the best of its ability, gender parity within the Council of the Judiciary.

7. The provisions of the law on the Grand Council [B] concerning the publicization of the election and the registration are applicable by analogy to the election of persons proposed by the Presentation Commission. The Commission hears the candidates and gives an advance opinion intended for the Grand Council.

1. Each member shall have an alternate who possesses the same qualifications as the member they replace.

2. The alternates are elected at the same time and according to the same procedure as provided for the election of the members.

3. They are listed on a separate list.

1. Before taking office, the members and alternate members of the Council of the Judiciary shall make the following promise in a public session before the Grand Council: "You promise to be faithful to the Federal Constitution and to the Constitution of the canton of Vaud, to maintain and defend, at all times and to the best of your ability, the rights, freedom, independence, and honor of your country, to comply with the laws, to not disclose facts of which you become aware in the exercise of your duties and that must remain confidential, and to fulfill the duties of your position with integrity, diligence, and dignity."

1. If the quorum required by law cannot be achieved in a particular case due to the incapacity or disqualification of several members and alternate members, one or more special members shall be appointed by the Nomination Commission.

2. The appointment is made upon the proposal of the relevant authority for the members indicated in Article 5, paragraph 1, letters a to c, and through a call procedure for the members indicated in Article 5, paragraph 1, letters d and e.

1. The following persons may not be elected as members of the Council of the Judiciary

a. members or former members of the Council of State and the Grand Council during a period of five years from the end of their term of office;

b. personnel of the Cantonal Administration;

c. members of the judicial authorities or the Public Prosecutor's Office or lawyers who have been subject to a disciplinary sanction during a period of ten years from the pronouncement thereof.

2. Persons referred to in Article 5, paragraph 1, letter e, may neither serve as members of the judicial authorities or the Public Prosecutor's Office, nor be registered in a cantonal register of lawyers.

3. The incompatibilities provided for by the Judicial Organisation Act [C] are applicable by analogy to the Council of the Judiciary. In particular, no member of the Council of the Judiciary must have the ties indicated in Article 18, paragraph 1 LOJV [C] with a member of the judicial authorities or the Public Prosecutor's Office.

1. Members of the Council of the Judiciary are elected for a term of five years, renewable once. If a vacancy occurs, the Grand Council elects a new member as soon as possible, for a term of five years.

2. The term of office is not linked to that of the legislature.

1. The mandate of the members of the Judicial Council terminates as a matter of law

a. upon death;

b. upon the occurrence of a lasting incapacity to exercise judgment;

c. in case of non-re-election;

d. by resignation;

e. upon the occurrence of a case of ineligibility within the meaning of the present law;

f. when the member concerned reaches the age of 75 years;

g. when the member leaves the authority or institution that nominated him or her.

1. After investigation and upon the recommendation of the Advisory Commission, the Grand Council may dismiss a member of the Judicial Council who can no longer fulfill their duties or who behaves in a manner that, according to the rules of good faith, precludes the continuation of their functions.

2. This decision may be appealed to the Neutral Court.

1. Subject to the provisions that follow, the Judicial Council freely regulates its organization and functioning.

1. The seat of the Judicial Council is in Lausanne.

1. The Judicial Council appoints its president for a non-renewable period of five years, chosen from among the members of the judicial authorities or the Public Prosecutor's Office, as well as its vice-president.

2. The president represents the Judicial Council.

3. He ensures the proper functioning of the Judicial Council and the execution of its decisions.

4. He is authorized to order provisional measures.

5. In the event of an impediment, the vice-president substitutes for the president.

1. The Judicial Council employs the necessary staff to ensure its secretariat and registry.

2. The staff of the secretariat and registry is subject to the law of November 12, 2001, on the personnel of the State of Vaud [D].

3. In the performance of their duties on behalf of the Judicial Council, the staff is under the direction of the president of the Judicial Council or the members delegated to conduct a procedure or prepare a decision.

4. The staff is bound by the strictest confidentiality regarding all information they become aware of in the course of their duties.

1. Members of the judicial authorities and the Public Prosecutor's Office are entitled to exemption for activities performed within the Judicial Council.

2. The remuneration of members not engaged in judicial activities is set by decree of the Grand Council.

3. Travel allowances are also determined by the decree of the Grand Council.

1. Members of the Judicial Council are bound by professional secrecy.

2. The Judicial Council may waive the professional secrecy of its members when circumstances require it.

1. The Judicial Council shall decide on requests for recusal concerning one or more of its members.

2. The Neutral Tribunal shall decide on requests for recusal concerning the entire Judicial Council or the majority of its members.

3. Additionally, the provisions of the Administrative Procedure Act [E] relating to recusal shall apply mutatis mutandis to the members of the Judicial Council.

1. The Judicial Council holds meetings as often as necessary.

2. It convenes upon the summons of its president or when three of its members request it.

3. In all cases, the president convenes the Judicial Council when

a. he becomes aware of facts that are likely, if proven, to lead to a disciplinary sanction or a measure against a member of the judicial authorities or the Public Prosecutor's Office;

b. the Judicial Council is seized with a request for an opinion during judicial elections.

1. The Council of the Judiciary may delegate the conduct of proceedings and the preparation of its decisions to one or more of its members, or to one or more external person(s) to the Council, whom it appoints to conduct the investigation.

2. The visits mandated by law are conducted by at least two members from two different institutions.

1. The Judicial Council deliberates validly when two-thirds of its members are present.

2. It makes its decisions by a majority of the voters.

3. In the event of a tie, the president's vote is decisive.

4. At the request of one of its members, the vote may take place by secret ballot.

5. The Judicial Council deliberates in private session.

6. In urgent cases or for matters of lesser importance, the Judicial Council may decide by circulation, unless one of its members objects.

1. The Judicial Council informs the public about its activities, with the exception of ongoing investigations, periodically and whenever the situation so requires.

2. It maintains a page on the website of the Canton of Vaud which publishes, in particular

a. the list of its members;

b. its annual activity report for the past year;

c. the anonymized publication of disciplinary decisions rendered.

1. The Judicial Council exercises administrative oversight over the Cantonal Court and the Public Prosecutor's Office.

2. It exercises disciplinary oversight over the members of the judicial authorities and the Public Prosecutor's Office.

3. It issues recommendations to the Grand Council concerning the election of cantonal judges, the Attorney General, and their deputies.

1. The organization and functioning of judicial authorities and the Public Ministry are subject to the oversight of the Judicial Council.

2. The following are excluded from administrative oversight

a. judicial activity;

b. financial management.

3. In identifying the means of intervention and their implementation, the Judicial Council particularly ensures compliance with the principle of proportionality and takes care to preserve the anonymity of the concerned members of judicial authorities or the Public Ministry.

1. The Judicial Council exercises oversight through

a. the examination of the Cantonal Court's annual management reports and the Public Prosecutor's Office's activity reports;

b. annual visits to the Cantonal Court, the Public Prosecutor's Office, and the offices dependent thereon;

c. the processing of denunciations concerning the functioning of a judicial office or the Public Prosecutor's Office.

2. If deemed necessary, it may, after informing the institution concerned, also

a. proceed with the hearing of members and personnel of the Judiciary and the Public Prosecutor's Office;

b. consult all documents useful for the exercise of its missions, provided that no overriding public or private interest opposes it.

3. The Cantonal Court and the Public Prosecutor's Office are obliged to communicate to the Judicial Council all information and documents necessary for the exercise of administrative oversight, and official secrecy cannot be invoked against it.

1. The Cantonal Court submits a detailed report on its management and operation, as well as those of the offices comprising the Judicial Order, to the Council of the Judiciary each year.

2. The Public Prosecutor's Office proceeds in the same manner.

3. The Council of the Judiciary examines these reports and may request additional information.

4. As part of its examination, the Council of the Judiciary hears a delegation from the Administrative Court of the Cantonal Court and from the College of Prosecutors.

1. The Judicial Council may issue recommendations to the Cantonal Court and the Public Prosecutor's Office to improve their organization and functioning, respecting the autonomy granted to them.

2. It may also make proposals to the Grand Council to enhance the functioning of the judiciary in general or of a particular office.

1. If, in exercising its oversight, the Judicial Council identifies serious dysfunctions, it informs the concerned institution and sets a deadline to rectify the situation.

2. If, by the end of the deadline, the Judicial Council observes that the serious dysfunctions persist, it may order an investigation to clarify the facts.

3. In this context, and if it is essential to fulfilling its mission, the investigator may review the files of ongoing or closed judicial cases, provided that this does not contradict a prevailing public or private interest.

4. When it considers that facts may warrant a sanction, the Judicial Council initiates disciplinary proceedings and informs the Cantonal Court, or, respectively, the Public Prosecutor's Office.

1. Unless otherwise provided by this law, the Judicial Organization Act [C], or the Public Prosecutor's Office Act [F], the Administrative Procedure Act [E] applies to disciplinary proceedings initiated before the Judicial Council and to the appeal procedure before the Neutral Tribunal.

1. The Judicial Council exercises disciplinary oversight over

a. all members of the judicial authorities, including lay judges;

b. all members of the Public Prosecution Office.

1. A member of a judicial authority or the Public Prosecutor's Office who, intentionally or negligently, has breached the duties of their office, adopted conduct damaging to the dignity of the magistracy, or violated the solemn promise they made, is liable to disciplinary punishment, without prejudice to criminal or civil sanctions.

2. The following are notably considered violations of the duties of office

a. repeated omission to perform an act mandated by law;

b. manifest or repeated abuse of official power;

c. manifest and duly proven partiality in the conduct of proceedings.

1. The definitive cessation of duties of a member of a judicial authority or the Public Prosecutor’s Office involved shall automatically terminate the disciplinary procedure.

1. Disciplinary proceedings are time-barred after five years from the day the incriminated acts were committed.

2. If they occurred over a certain period, the time limit starts from the day they ceased.

3. If the disciplinarily reprehensible acts also constitute a criminal offense, the limitation period is that of the criminal action.

1. Prescription is interrupted by any investigative act notified to the member of a judicial authority or the Public Prosecutor's Office concerned, or carried out in their presence.

2. Prescription is suspended for the entire duration of the criminal proceedings initiated due to the disciplinarily reprehensible act and during any appeal proceedings within the framework of a disciplinary procedure.

1. The Judicial Council initiates disciplinary proceedings ex officio or upon request.

2. The Cantonal Court and the Public Prosecutor's Office forward the complaints they receive to the Judicial Council.

3. When the Judicial Council decides to initiate proceedings, it informs the involved member of a judicial authority or the Public Prosecutor's Office and the authority to which they report.

1. The President of the Judicial Council dismisses clearly unfounded denunciations. He informs the members of the council.

2. If the council considers the denunciation to be reckless, it may issue a warning and, in the case of a repeat offense, impose on the complainant the fine provided for in the LPA-VD.

1. When the proper administration of justice requires, the President may suspend a member of a judicial authority or the Public Prosecutor's Office subject to disciplinary proceedings for the duration of such proceedings.

2. In the event of the initiation of an inquiry for gross misconduct, this measure may be accompanied by the total or partial withholding of salary.

3. If no sanction is ultimately imposed against them, the member of a judicial authority or the Public Prosecutor's Office is entitled to the payment of the salary they were deprived of.

1. The Judicial Council appoints one or more members and/or one or more external persons to conduct the investigation.

2. The person(s) tasked with conducting the investigation shall interview the involved member of the judiciary or Public Prosecutor's Office and, if deemed necessary, the whistleblower.

3. The involved member of the judiciary or Public Prosecutor's Office may waive their own interview and participate in the whistleblower's interview.

4. The person(s) tasked with conducting the investigation shall draft their final report, which is then submitted to the Judicial Council.

5. The Judicial Council notifies the involved member of the judiciary or Public Prosecutor's Office of the report and sets a deadline for them to respond. The member of the judiciary or Public Prosecutor's Office may also request to be heard by the Judicial Council.

6. Upon receiving the report, the Judicial Council may order additional investigative measures.

1. The Judicial Council may

a. decide to terminate the proceedings;

b. impose a sanction or a measure;

c. issue a warning.

2. The Judicial Council notifies its decision to the member of the judicial authority or the Public Prosecution Office involved and informs the Cantonal Court, respectively the College of Prosecutors, of the outcome of the disciplinary proceedings.

3. The complainant may, upon request, be informed of the action taken on their complaint.

1. Disciplinary sanctions are as follows

a. a reprimand;

b. a fine up to CHF 10,000;

c. suspension from office, with or without pay, for a maximum of one year;

d. dismissal.

2. A reprimand and a fine may be combined and accompanied by a threat of dismissal.

3. The Judicial Council is competent to impose sanctions, ensure their execution, and decide on their publication.

4. In the event of a minor offense, the Judicial Council may refrain from imposing any sanction.

1. When a sanction or disciplinary measure does not appear justified, the Judicial Council may issue a warning to the magistrate.

2. The warning may be accompanied by objectives to achieve.

3. The Judicial Council may not issue more than two warnings to the same member of the judiciary or the Public Prosecutor's Office.

1. The Judicial Council collects a fee of CHF 1,000 to CHF 5,000 for disciplinary proceedings.

2. The fee and investigation costs, if the investigation is entrusted to one or more persons external to the Council or to a compensated member of the Council (hereinafter referred to as the costs), are generally charged to the member of the Judiciary or the Public Prosecutor's Office concerned if they are sanctioned. When circumstances justify, the costs may be borne by the State.

3. When the member of the judicial authority or the Public Prosecutor's Office concerned is not subject to any sanction, the costs are generally borne by the State. However, the Judicial Council may charge all or part of the costs to the person concerned if they have, through unlawful or culpable behavior, triggered the initiation of the procedure.

4. The costs may be charged to the complainant in the case of a reckless complaint.

5. The Judicial Council enacts a regulation on fees and costs.

1. Decisions rendered in disciplinary matters by the Judicial Council are subject to appeal before the Neutral Tribunal.

1. The Council of Magistracy provides prior opinions on the candidacies for cantonal judge positions to the Grand Council.

2. Within this framework, it evaluates the education, professional experience, legal and technical knowledge, as well as the personal qualities of the candidates.

3. It verifies the eligibility conditions.

4. It interviews the candidates.

5. Its opinion is reasoned and communicated to the candidates.

1. The Judicial Council transmits the application files along with its opinion to the Nomination Committee of the Grand Council, which continues the recruitment process in accordance with the law on the Grand Council [B].

2. At the request of the Nomination Committee, a delegation from the Judicial Council may be present when the Committee conducts the second hearing of the candidates.

1. During the procedure for the re-election of a cantonal judge, the Judicial Council issues an opinion to the Grand Council.

2. In its opinion, it indicates whether a disciplinary sanction has been imposed on the magistrate since the last election or if a disciplinary procedure is ongoing.

3. If it intends to issue a negative opinion, it conducts a hearing of the concerned magistrate.

4. The Nomination Committee re-hears the candidate and issues an opinion only if the Judicial Council provides a negative opinion.

1. The Judicial Council gives prior notice of the candidacies for the positions of Attorney General and Deputy Attorney General to the Grand Council.

2. The procedure is the same as for the election of cantonal judges.

1. The procedure is regulated by analogy with that provided for the re-election of cantonal judges.

1. The high supervision over the Judicial Council is exercised by the Grand Council.

2. It is conducted based on the report prepared annually by the Judicial Council and the hearing of a delegation from the Judicial Council.

1. The Judicial Council submits an annual activity report to the Grand Council outlining its administrative and disciplinary oversight activities for the past year, ensuring that the identities of individuals sanctioned or implicated in a disciplinary procedure cannot be recognized by the public.

2. The Grand Council committee responsible for the high oversight of justice hears the Judicial Council, as well as, when necessary, the President of the Cantonal Court or the Attorney General.

3. The Grand Council may request a supplementary report whenever the circumstances require.

4. When the activity report informs about the result of an investigation, representatives of the authorities and, if applicable, the concerned persons may request that their statements be recorded.

1. The report of the Judicial Council addresses

a. the management reports of the Cantonal Court and the Public Prosecutor's Office;

b. its activity of controlling the organization and functioning of the judicial authorities and the public prosecutor's office;

c. the denunciations it has received and the actions taken in response;

d. the number of disciplinary proceedings opened and closed, with an indication of any sanctions;

e. the collaboration between the Cantonal Court and the College of Prosecutors in exercising supervision;

f. the means it has implemented; and

g. the follow-up to its recommendations.

2. The reports mentioned in paragraph 1, letter a are appended to the report of the Judicial Council.

1. If the Judicial Council identifies issues of financial management or performance within the Cantonal Court or the Public Prosecutor's Office while carrying out its duties, it shall inform the Court of Auditors and the Cantonal Finance Control.

**1. The Judicial Council prepares its budget based on the State's budgetary guidelines. It is proposed to the State Council through the department responsible for institutions [G] and is then presented to the Grand Council.**

**2. The Judicial Council applies the internal accounting procedures established by the State Council.**

**3. Article 56a of the Law on the Grand Council is applicable by analogy.**

1. If the Grand Council establishes an investigative commission due to serious incidents occurring within the administration of justice, the Judicial Council shall prepare a report for its attention.

2. The Commission is not bound by the conclusions of the Judicial Council's report.

1. The Commission Responsible for High-Level Oversight of Justice may organize exchanges of views with the Judicial Council on issues concerning, in particular, judicial authorities, the administration of justice, and initiatives dealing with justice.

1. The members of the Judicial Council are elected in accordance with the provisions of this law, in such a way as to be able to take office on January 1, 2023.

1. The law shall enter into force on January 1, 2023, subject to the acceptance by the people of the partial revision of the Constitution of the Canton of Vaud related to the creation of a Council of the Judiciary.

2. The Council of State shall set the date for the entry into force of Article 58 of the law.

1. The Council of State is responsible for the execution of the present law. It shall publish the text in accordance with article 84, paragraph 1, letter a) of the Cantonal Constitution and shall bring it into force by means of an order in accordance with article 59 of the law.