Regulations of the High Council of the Judiciary (RCMag) (RCMAG)

1. This regulation aims to define the organization and functioning of the Judicial Council.

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

1. The Judicial Council is headquartered in Lausanne.

1. The bodies of the Judicial Council are the plenary council and the presidency.

2. The term plenary council refers to the assembly of full members of the Judicial Council or their substitutes in the event of an impediment.

1. The plenary council notably has the following powers

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

b. to carry out annual visits to the Cantonal Court, the Public Prosecutor's Office, and the offices falling under their jurisdiction;

c. to hear annually a delegation from the Administrative Court of the Cantonal Court and the College of Prosecutors;

d. to issue recommendations to the Cantonal Court and the Public Prosecutor's Office for the purpose of improving their organization and functioning;

e. to make proposals to the Grand Council to improve the functioning of justice in general or of a specific office;

f. in the event of a serious malfunction being identified, to inform the institution concerned and set a deadline for it to rectify the situation, failing which to open an administrative inquiry;

g. to open a disciplinary inquiry, to pronounce the resulting decisions, and to decide on their publication.

1. The plenary council pre-reviews the candidacies for positions of judge or prosecutor elected by the Grand Council and adopts a report to this effect for the Grand Council.

1. The plenary council notably has the following powers

a. to adopt the annual report for the attention of the Grand Council as well as any reports to the Court of Auditors and the Cantonal Financial Control;

b. to make a determination on the OJV's draft budget in accordance with Article 56a, 1st sentence, of the Grand Council Act (LGC) [D];

c. to hold exchanges of views with the Commission responsible for the high supervision of justice;

d. to hire the personnel of the Council of the Judiciary for an indefinite period or for a period exceeding six months;

e. to define the general modalities for informing the public about the activities of the Council of the Judiciary.

2. The plenary council exercises all powers attributed by law to the Council of the Judiciary that are not attributed to the presidency.

1. The plenary council may delegate certain tasks. It may notably

a. delegate the annual visits of the Cantonal Court, the Public Prosecutor's Office, and the offices dependent thereon to certain titular or substitute members. Visits required by law shall be conducted by at least two elected members holding different capacities within the meaning of Article 5, letters a to e of the Law on the Council of the Judiciary (LCJud) [A];

b. delegate the annual hearing of delegations from the Administrative Court of the Cantonal Court and the College of Prosecutors to certain of its titular or substitute members;

c. entrust the investigation of inquiries and the preparation of its decisions to one or more of its titular or substitute members, or to one or more external person(s).

1. The plenary council is convened as needed, in principle once a month, or at the request of three of its members.

2. Each member attends the meetings to which they have been duly summoned.

3. The meetings are typically held on the premises of the Judicial Council. However, it is possible to hold a meeting via videoconference or in other locations.

4. Except in cases of urgency, the summons is sent by email at least five days before the scheduled date.

5. The summons indicates the date, time, place, and agenda of the meeting. The necessary documents are attached to the summons or made available in accordance with the instructions on the summons.

1. The plenary council convenes and deliberates in camera.

2. The plenary council validly deliberates when six of its members are present. Matters not on the agenda cannot be decided upon unless all members are present and consent to consider the matter.

3. In cases of urgency or for matters of lesser importance, the plenary council may decide via circular resolution, unless one of its members objects. Circulation is conducted electronically. The plenary council validly makes its decisions via circular resolution when six of its members participate.

4. Decisions are made by a majority of the voters. In the event of a tie, the chairperson has the casting vote.

1. A member who is unable to attend a meeting, in whole or in part, shall immediately inform the chair, transmit the invitation to their alternate, and provide them with the necessary information and documentation. If the member is unable to do so, the chair will organize the substitution.

2. The same procedure applies in cases of recusal. If the recusal concerns only one of the items on the agenda, the substitution is organized to address that specific item.

3. Alternates may be called upon to participate in office visits as well as administrative or disciplinary investigations, by delegation of the plenary council, even in the absence of a recusal or an impediment of one or more of its members.

4. Besides the situations referred to in paragraphs 1 and 2, alternates are summoned to the plenary council, without voting rights, to address agenda items for which they have been delegated a task.

1. Minutes are taken at every meeting. They mention the place, date and duration of the session, the attendees, the subjects discussed, the decisions made, as well as the results of the votes.

2. At the request of one of the members, the minutes also mention all or part of the opinions expressed, in a concise form.

3. The minutes are signed by their author and by the chairperson.

1. The presidency notably has the following powers

a. to ensure the proper functioning of the Judicial Council and the execution of its decisions;

b. to convene plenary sessions of the Judicial Council, propose their agenda, and direct the deliberations;

c. to manage current affairs and take necessary measures in case of urgency;

d. to take organizational measures for administrative oversight by the plenary council (requests for documents, organization of official visits and hearings);

e. to take provisional measures in disciplinary matters and render decisions of non-commencement of proceedings for manifestly unfounded denunciations;

f. to prepare the decisions and reports of the Judicial Council;

g. to ensure the representation of the Judicial Council vis-à-vis authorities and third parties;

h. to ensure public information on the activity of the Judicial Council;

i. to establish the draft budget and annual accounts of the Judicial Council in collaboration with the department responsible for institutions [E];

j. to exercise the powers that personnel legislation attributes to heads of service;

k. to hire Judicial Council staff for a fixed term of up to six months.

2. It may, on an ad hoc basis, delegate certain tasks to full or alternate members of the Judicial Council.

1. The presidency regularly informs the plenary council of its activities.

1. The Presidency signs the acts of the Judicial Council. It approves the invoices as well as the expense lists and other documents requiring a dual signature with the legal secretary.

1. In the event of an impediment, the vice-presidency shall substitute for the presidency.

1. The legal secretariat assists the presidency and delegations of members or external persons in fulfilling their duties for the Judicial Council.

2. It signs certain documents under delegation from the presidency and generally keeps the minutes of the plenary council.

3. It attends visits from judicial authorities and the Public Prosecutor's Office, collaborates in the investigation of reports and complaints, and participates in the drafting of reports and decisions of the Judicial Council.

4. Together with the presidency, it reviews invoices and expense lists, as well as other documents requiring a dual signature.

5. It participates in budget preparation and the maintenance of accounts.

6. It manages the administrative secretariat by delegation.

1. The secretariat notably ensures the formatting of reports and decisions, as well as the correspondence of the Council.

2. It prepares the documentation for the sessions.

3. It oversees the preservation and archiving of files.

4. It maintains updates to the publications on the Council's website, particularly the list of Council members and disciplinary decisions.

5. It provides backup for the legal secretariat.

1. Secretariat staff are subject to the Vaud State Personnel Law (LPers) [F].

2. The exercise of another public function or an ancillary activity is subject to authorization when, due to its nature, this function or activity presents a risk of a conflict of interest. Functions or activities within the Judiciary or the Public Prosecutor’s Office, the Grand Council, or in a department of the cantonal administration in connection with the activity of the courts or the Public Prosecutor’s Office, or in connection with a politically active organization, may notably present such a risk.

3. The employee informs the presidency of situations that might require authorization.

1. The Judicial Council exercises supervision by

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

b. annually hearing a delegation from the Administrative Court of the Cantonal Court and the College of Prosecutors;

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

d. processing complaints concerning the functioning of a judicial office or the Public Prosecutor's Office.

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

a. proceed to hear the members or staff of the Judiciary or the Public Prosecutor's Office;

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

1. The plenary council examines the annual reports of the Cantonal Court and the Public Prosecutor's Office. It may request additional documents.

2. The plenary council hears a delegation from the Administrative Court of the Cantonal Court and a delegation from the College of Prosecutors. If necessary, it appoints the members who will conduct the hearing.

3. The presidency, with the support of the secretariat, organizes the hearing. In the event of delegation of the hearing to certain members of the Judicial Council, one of them is tasked with this responsibility, with the support of the secretariat.

1. Each year, the plenary council decides which offices it intends to visit and, if applicable, to which members it intends to delegate this task.

2. The plenary council sets the themes it wishes to be addressed during these visits. The relevant offices are informed of this prior to the visit, as is the Administrative Court of the Cantonal Tribunal or the College of Prosecutors. If applicable, the composition of the delegation responsible for the visit is also communicated.

3. The visit results in a report that is submitted to the relevant office for review.

4. The presidency, with the support of the secretariat, organizes the visit, informs the relevant offices, and submits the report to them for review.

1. If the plenary council identifies significant malfunctions, it informs the concerned institution. It typically gathers the institution's responses and sets a deadline to rectify the situation.

2. If, upon the expiration of this deadline, the significant malfunctions persist, the plenary council may order an investigation to clarify the facts. It assigns one or more regular or substitute members of the Judicial Council, or one or more external persons, to conduct the investigation and prepare a report for its consideration.

3. If necessary, the investigator or investigators may review ongoing or closed judicial case files, provided that no overriding public or private interest opposes this. Upon request from the concerned institution, the plenary council will assess whether it maintains the request for review or withdraws it.

1. The Judicial Council may issue recommendations to the Cantonal Court and the Public Prosecutor's Office with the aim of improving their organization and functioning, while respecting the autonomy they enjoy.

2. The Judicial Council may make proposals to the Grand Council to improve the functioning of the judiciary in general or of a particular office. It generally does so in its annual report.

1. The Judicial Council exercises disciplinary oversight over all members of the judicial authorities, including lay judges, and over the members of the Public Prosecutor's Office.

2. It acts on its own initiative or upon denunciation.

1. The presidency receives the complaints and acknowledges their receipt by informing the complainant that they may, upon request, be informed of the action taken regarding their complaint.

2. It examines whether a determination concerning the magistrate involved is necessary. If so, it informs the magistrate and invites them to make a determination.

3. If the complaint is manifestly unfounded, the presidency refuses to consider the matter and informs the plenary council. It informs the complainant if they have requested it or if it appears appropriate. It generally informs the magistrate concerned even if they have not yet been advised of the complaint; it may waive this for reasons of propriety.

4. The plenary council may issue a warning if it considers the complaint to be reckless, and in case of recurrence, impose on the complainant the fine provided for in the law on administrative procedure (LPA-VD) [G].

5. If the complaint is not manifestly unfounded, the presidency informs the plenary council, which decides on the opening of a disciplinary inquiry.

6. The presidency takes necessary provisional measures and may notably suspend the member of the judiciary or the Public Prosecutor's Office involved when the proper administration of justice requires it.

1. If the plenary council decides to initiate a disciplinary investigation, it informs the concerned member of the judiciary or the Public Ministry and the authority to which they are subordinate. It may request the magistrate concerned to provide a written statement regarding the allegations against them.

2. If the reported facts are disputed, the plenary council appoints one or more regular or substitute member(s) and/or one or more external person(s) to conduct the investigation. It informs the magistrate concerned.

3. The investigation report is submitted to the plenary council. The presidency notifies the concerned member of the judiciary or the Public Ministry for their consideration. The member of the judiciary or the Public Ministry may request a hearing before the plenary council.

4. Upon receiving the report, the plenary council may order additional investigative measures.

5. The Judicial Council notifies its decision to the concerned member of the judiciary or the Public Ministry and informs the Administrative Court of the Cantonal Tribunal or the College of Prosecutors accordingly. It informs the complainant of the outcome of their complaint if deemed appropriate or if the complainant has requested it.

1. When a position for a judge of the Cantonal Court or the Public Prosecutor's Office is advertised by the Grand Council, the presidency verifies the eligibility conditions of the candidates and organizes hearings by the plenary council. It makes the application files available to the plenary council.

2. After hearing the candidates, the plenary council issues its preliminary opinion and adopts a report intended for the Grand Council. The preliminary opinion is reasoned and communicated to the candidates, who may withdraw their application within five days.

3. The report intended for the Grand Council mentions, anonymously and without further details, the applications that have been submitted and withdrawn.

1. The Judicial Council provides advance notice, in a report to the Grand Council, regarding the re-elections of judges of the Cantonal Court or the Public Prosecutor's Office. In its notice, it indicates whether a disciplinary sanction has been imposed on the magistrate since the last election or if a disciplinary procedure is in progress.

2. The plenary council hears the magistrates concerned if it is considering issuing a negative notice.

1. The Council of the Judiciary submits an annual activity report to the Grand Council detailing its administrative and disciplinary oversight activities for the previous year, ensuring that the identity of individuals sanctioned or implicated in disciplinary proceedings cannot be recognized by the public.

2. When the activity report includes the outcome of an investigation, representatives of the authorities and, where applicable, the persons concerned may request that their statements be recorded.

3. If the Grand Council establishes a parliamentary inquiry commission due to serious incidents occurring within the administration of justice, the Council of the Judiciary prepares a report for its attention. The procedure outlined in Article 22 applies by analogy.

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. Members of the Judicial Council and the secretariat are bound by professional secrecy.

2. They are also required to exercise discretion regarding matters not subject to professional secrecy. In particular, they respect the competencies of the presidency concerning public information and representation of the Judicial Council to the authorities.

3. The Judicial Council may waive the professional secrecy of its members when circumstances justify it.

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

2. The members concerned do not participate in the decision. Unless the request is manifestly unfounded, they are replaced by their substitute.

3. The Neutral Tribunal rules on requests for recusal concerning all or the majority of the members of the Judicial Council.

4. Each member of the Judicial Council informs the presidency in case of doubt about a ground for recusal.

5. For the remainder, the LPA-VD is applicable by analogy.

6. The recused member does not participate in the deliberations and does not receive documentation relating to the case in question.

7. The rules of recusal are applicable, by analogy, to the legal secretariat.

1. The Judicial Council is responsible for the enforcement of this regulation, which comes into effect on May 1, 2023.