Regulation on fees, costs and expenses for disciplinary proceedings before the Judicial Council (RE-CMag) - Scope of Application (RE-CMAG)

1. This regulation governs the fees, costs, and expenses for disciplinary proceedings before the Judicial Council.

1. Disciplinary Proceedings of the Judicial Council

1. Disciplinary proceedings of the Judicial Council result in the collection of a fee and investigation costs.

2. The amounts of the fee and investigation costs are determined by the decision concluding the procedure.

1. The fee covers the operations performed by the Judicial Council or a delegation of its members.

2. The amount of the fee is determined by considering the significance of the case and the scope of the procedure; it ranges between CHF 1,000 and CHF 5,000.

3. Dismissal decisions (Art. 38 LCMag) do not result in the imposition of a fee.

1. Investigation costs are added to the fee.

2. When the investigation of the disciplinary procedure is entrusted to one or more members of the Judicial Council or to an external investigator, the investigation costs include allowances paid to members who are not remunerated by the State or to the external investigator for the duration of the investigation.

3. The investigation costs also include allowances paid to witnesses, translation costs, and other expenses related to the handling of the case.

1. The subpoenaed witness receives a compensation of CHF 50.- to CHF 100.-. For traveling outside their place of residence, they additionally receive a transportation allowance equivalent to the cost of travel by public transport at the lowest fare, and if there is no public transport, at a rate of CHF 0.60 per kilometer.

2. A witness brought by a party is not entitled to compensation.

1. An advance on costs may be required from a party when the party requests the administration of evidence, or when particular circumstances justify it.

2. The authority sets a deadline for the party to provide the advance on costs and warns that if payment is not made within the deadline, it will not consider the request.

3. The deadline for the payment of the advance on costs is met if, before its expiration, the due amount is paid to the Swiss Post or debited in Switzerland from a postal or bank account in favor of the authority.

1. When a disciplinary sanction is imposed, the fees and investigation costs are generally charged to the magistrate subject to the procedure. If several magistrates are targeted by the same procedure, a fee is collected from each of them, and the investigation costs are divided among them. However, when justified by the circumstances, the fees and investigation costs may be borne wholly or partially by the State.

2. When no sanction is imposed against the magistrate subject to the procedure, the fees and investigation costs are generally borne by the State. However, fees and investigation costs may be charged to the magistrate if the latter, through unlawful or negligent behavior, prompted the initiation of the procedure.

3. The fees and investigation costs may be charged to the whistleblower in the case of a reckless report.

4. When the matter becomes moot, the fees and investigation costs are generally borne by the State, unless specific circumstances justify charging them wholly or partially to the magistrate subject to the procedure.

1. When no disciplinary sanction is imposed against him, the magistrate is generally entitled to an indemnity in the form of costs to cover the expenses he has incurred to defend his interests. If the magistrate, through unlawful or faulty behavior, has caused the initiation of the procedure or has unnecessarily prolonged or complicated it, his costs may be reduced or eliminated.

2. The costs include a contribution towards the fees and disbursements of the lawyer or another professional representative. The amount of the indemnity is determined based on the significance of the procedure, its difficulties, and the extent of the work performed. It is between CHF 500 and CHF 10,000. It can exceed this maximum amount if particular reasons justify it, notably in the case of a procedure of special magnitude or complexity.

1. This regulation applies to disciplinary proceedings pending at the time of its entry into force.

1. This regulation enters into force on September 2, 2024.