REGULATION of the Cantonal Court (ROTC) - Scope (ROTC)

1. This regulation defines the organization of the Cantonal Court, its chambers and sections, as well as the procedures governing their operation.

2. The powers of the Cantonal Court in the management of the judicial order are governed by the administrative regulation of the judicial order [B].

1. After its re-election and the swearing-in of its members, the Cantonal Court convenes in Plenary Session to elect its president and vice-president and to constitute its divisions and sections for the year following the re-election.

2. It also proceeds with the appointment, for five years, of

a. the president of the Chamber of Lawyers and their substitute (Art. 12 LPAv [C]);

b. the president of the Chamber of Certified Business Agents and their substitute (Art. 54 LPAg [D]);

c. ...

d. the judge competent for the rectification of judicial police records (Art. 8b of the Act of December 1, 1980, on Judicial Police Records [E]);

e. the three members of the conciliation and arbitration body provided for by the Act of November 12, 2001, on Vaud State Personnel (Art. 53 LPers-VD) [F].

1. During one of the last sittings of each year, the Plenary Court, ruling for the following year

a. elects the president and vice-president of the Cantonal Court, the third member of the Administrative Court, and the substitute;

b. constitutes its courts and sections;

c. ...

d. designates from outside the Administrative Court

- a delegated judge to the Cantonal Patrimonial Chamber, to the district courts, and to the Rental Tribunal;

- a delegated judge to the Juvenile Court and to the Coercive Measures Tribunal and sentencing judge;

- a delegated judge to the justices of the peace;

- a delegated judge to the debt collection and bankruptcy offices and to the Cantonal Commercial Register Office;

e. assigns substitute judges to the sections of the Cantonal Court.

2. The Plenary Court also designates, for two years, the member of the Trainee Chamber and their substitute (Art. 15 LPAv [G]).

3. When a judge vacating their office is replaced during the year, the Plenary Court decides on any potential transfers and the assignment of the new judge.

1. The President and the Vice-President of the Cantonal Court are elected from among the full-time judges on a voluntary basis, regardless of seniority. They are eligible for re-election (Art. 70 LOJV [A]).

1. The Plenary Court, after a call for applications among cantonal judges, designates the regular members and substitute members proposed by the Cantonal Court for election to the Judicial Council.

1. The Administrative Court is composed of the President and the Vice-President of the Cantonal Court, as well as one member.

2. In case of impediment, a member of the Administrative Court is replaced by the deputy or, failing that, by another judge, in the order of election.

1. The Administrative Court rules

a. on recusals (Art. 50, para. 2 CPC [H], 4a, para. 2 LVCPP [I], 8a, para. 3, 5 and 7 CDPJ [J], 22 LVLP [K], 9 et seq. LPA-VD [G]);

b. on the recusal of the President of the Chamber of Lawyers or the Chamber of Apprenticeship (Art. 17 LPAv [C]);

c. on the recusal of the President of the Chamber of Certified Business Agents (Art. 56 LPAg [D]);

d. on the prohibition of professional representation to a person for just cause (Art. 44 LVLP).

1. In addition to his administrative powers (Art. 39 RAOJ [B]), the President of the Cantonal Court is competent for

a. transmitting requests for judicial assistance addressed to an authority of the Confederation, another canton, or a foreign state, in civil and debt enforcement matters (Art. 194 et seq. CPC [H]);

b. refusing, where appropriate, the execution of a request for judicial assistance in civil matters originating from one of these authorities;

c. ...

d. ...

2. ...

1. The courts and divisions have the jurisdiction conferred upon them by laws, decrees, orders, or regulations.

2. In the absence thereof, the Plenary Court designates the competent court, division, or body (art. 71 LOJV [A]).

1. Judges are assigned to one or more courts or divisions.

2. The composition of the courts and divisions is published annually in the Official Gazette of the Canton of Vaud.

3. The presiding judges ensure the proper functioning of their court. They report any relevant issues to the chief clerk.

1. Every judge is required to accept the duties assigned to them.

2. The Plenary Court decides in which courts or sections the newly elected judge will sit.

3. In addition to their judicial activity, cantonal judges may be entrusted with special assignments by the Administrative Court.

1. As a general rule, the judges assigned to the various courts or sections substitute for one another.

2. In case of need, the president of each court or section calls upon the substitute judges attached thereto.

1. Unless otherwise provided, each court or section sits with three judges (Art. 67, para. 1 LOJV [A]). In all cases, it includes no more than one deputy cantonal judge.

2. As a general rule, the members of each court or section, with the exception of the president, serve in rotation as the reporting judge.

3. Unless otherwise provided, the presidents of a court or section may decide to sit with five members to hear an important or principled case.

4. Articles 27 and following are reserved.

1. The members of each court or section appoint their president and vice president.

2. To be appointed, a president must have previously served as a member of the court or section.

3. The terms of office for the president and vice president generally end after two years.

4. After completing their presidency, the judge who held the position returns to their role within the court or section.

5. …

1. Judges choose a vacant position in a court or section according to the order of their initial election, and, in the case of simultaneous elections, in order of age, starting with the eldest.

2. In the event of a vacancy, a judge who has remained more than eight consecutive years in the same section has, if requested, preference over judges appointed in the preceding paragraph.

3. Subject to ratification by the plenary Court, changes of courts or sections are possible by virtue of an agreement between sitting judges.

4. If deemed appropriate, the plenary Court may also impose a change.

1. A judge who is no longer a member of the Administrative Court may, at their discretion, either resume their position in the courts or sections to which they were previously assigned or request a transfer under the conditions of Article 14.

1. The rank of the cantonal judges according to Article 60 LOJV [A] determines

a. the order in which they are listed in the general table of the composition of the courts and sections (Art. 9) and in the designation of the court's composition appearing at the head of a judgment or decision (Art. 238 para. 1 lit. a CPC [H]);

b. the order of seating and the order of deliberation (Art. 63) in the Plenary Court.

1. The Criminal Court of Appeal exercises the functions provided in Article 79 LOJV [A].

1. The Civil Appeals Chamber rules on appeals filed in application of Article 319 CPC [H], those enumerated in Article 73 LOJV [A], as well as in arbitration matters (Art. 110, para. 3 CDPJ [J]).

2. ...

3. It exercises the powers of the Cantonal Court as a supervisory and appellate authority in matters of

a. commercial register (Art. 85 LOJV, 7 of the Commercial Register Act);

b. register for the pledging of livestock (Art. 85 LOJV, 6 of the Regulation of 29 September 1961 concerning the pledging of livestock and the keeping of registers [L]);

c. ...

1. The Guardianship Chamber is the supervisory and appeals authority in matters of adult and child protection (Art. 76 LOJV [A]).

1bis. In cases of international child abduction, the Guardianship Chamber is the sole cantonal judicial body responsible for ordering the child's return procedures and protective measures (Art. 7 LF-EEA) [M].

2. ...

1. The Civil Court exercises the powers designated by Article 74 of the LOJV [A].

1. Except for the president, each member of the court is designated in turn to lead the investigation of cases and provisional measures.

2. The vice-president participates in this rotation to a limited extent.

1. The Debt Enforcement and Bankruptcy Court has the powers designated by Article 75 of the Judiciary Act [A].

2. As such, it is the supervisory and appellate authority in matters concerning the register of reservation of ownership agreements (Art. 21 of the Ordinance of December 19, 1910, concerning the registration of reservation of ownership agreements [N]).

1. The Criminal Appeals Chamber has the powers designated by Article 80 of the LOJV [A]; it also decides on appeals against decisions made by the Office of Sentence Enforcement, against decisions made on appeal by the Penitentiary Service, against decisions made by the Court of Coercive Measures pursuant to the implementing law in the Canton of Vaud concerning federal legislation on foreigners (Art. 25 para. 3 and 30 LVLEtr [O]), as well as on any appeal to the Cantonal Court in criminal matters that does not fall within the jurisdiction of another section.

2. It also decides on requests for forum distraction in criminal matters (Art. 38, para. 2 CPP [I]).

1. The President of the Chamber of Penal Appeals exercises high-level oversight over the conditions of detention and the existence of the reasons justifying it (art. 19 LVLEtr [O]).

2. He is also the authority for complaints within the meaning of articles 27 and 34 LVLEtr.

1. The Administrative and Public Law Court hears cases assigned to it by Article 92 LPA-VD [G].

2. It is subdivided into three sections.

1. The First Public Law Chamber hears appeals in the following areas

- construction and land-use planning, planning and construction of transport, water, and energy distribution facilities, environmental protection, water protection, nature and landscape protection, forests, authorization to expropriate, and public housing law (AC);

- land improvements (AF);

- acquisition of real estate by persons abroad, agriculture, and rural land law (FO).

1. The Second Administrative and Public Law Court hears appeals in the following areas

* taxes and duties (FI);

* tax valuation of real estate (EF);

* public procurement (MP).

1. The Third Administrative and Public Law Court hears appeals in the following areas

* administrative measures taken pursuant to Title Two of the LCR (CR) [P];

* social welfare (PS);

* residence and establishment of foreign nationals, including residence assignments and perimeter bans (Art. 13 and 14 LVLEtr [O]) as well as the implementation of judicial expulsions and decisions regarding their deferral (Art. 3 para. 1 no. 3ter LVLEtr) (PE);

* study and apprenticeship grants (BO);

* interlocutory decisions of the investigating judge (RE);

* judicial police files (Art. 8c para. 6 LDPJu) (GE).

2. It also hears litigation that is not assigned to another section of the Cantonal Tribunal or to another authority (GE).

3. A judge of the Third Administrative and Public Law Court rules on requests for observation within the meaning of Article 39e LASV [Q] (PS).

1. As a general rule, cases are assigned within each court on a rotational basis, including to the court presidents.

1. The judge to whom the case is assigned (Art. 31) orders the necessary measures of inquiry and presides over the court called to adjudicate.

2. The court called to adjudicate is composed in accordance with Article 33.

3. ...

1. The Administrative and Public Law Court sits with three judges

a. when ruling on an interlocutory appeal;

b. when called upon to decide essentially complex legal questions.

2. It rules with two judges and one assessor or one judge and two assessors in other cases. The choice between these two types of composition takes into account the following criteria

a. necessity of specific technical knowledge;

b. degree of complexity of the legal questions to be resolved.

3. The judges called upon to rule in addition to the investigating judge are appointed on a rotating basis.

4. Assessors with the same specialty are appointed on a rotating basis, subject to their availability.

1. Fundamental legal questions and changes in case law are discussed among all the judges of the concerned division, or among all judges of the Administrative and Public Law Court if the matter pertains to more than one division.

2. The presiding judge of the concerned division informs the clerks about the convening of a coordination deliberation, in which the clerk who drafted the project participates.

3. The solution adopted by a majority of the judges binds the divisions. In the event of a tie vote, the current case law is maintained.

1. Each judge of the Administrative and Public Law Court is assigned at least one designated clerk, who may only be employed with the consent of the concerned judge.

2. In cases delegated to them, and under the direction of the judge, the clerk conducts the investigation, subject to hearings and local inspections. The clerk prepares draft decisions and judgments and finalizes the judgment adopted by the section.

1. The Social Insurance Court adjudicates cases assigned to it by Articles 93 and 110 LPA-VD [G].

2. The Insurance Arbitration Tribunal, whose powers are provided for by federal law (see Art. 113 LPA-VD), is attached to the Social Insurance Court.

1. The Social Insurance Court adjudicates with three judges, two judges and one assessor, or one judge and two assessors, depending on the necessity for technical or scientific knowledge, the complexity of the case, or the significance of the legal questions to be resolved.

2. A judge of the Social Insurance Court acts as the sole judge in the cases referred to in Articles 94, paragraph 1, and 111, paragraph 1 LPA-VD [G].

3. The investigatory measures are delegated to a judge of the court.

4. The Social Insurance Court adjudicates with three judges on appeals against interlocutory decisions that are separately notified, in the cases provided for in Article 74, paragraph 4 LPA-VD, applicable by reference from Article 99 LPA-VD.

1. Legal questions of principle and changes in case law are discussed among all the judges of the court. The solution adopted by the majority of the judges of the court binds all judges and assessors.

1. The Civil Court of Appeal exercises the powers conferred upon it by Article 84 LOJV [A].

2. ...

**1. The Cantonal Court appoints among its members the president of the bar examination commissions, as well as their deputy.**

**2. The president of the Debt Enforcement and Bankruptcy Court chairs the examination commissions for certified business agents and officials of the debt enforcement and bankruptcy offices. They may be replaced by another cantonal judge from the same section.**

**3. …**

1. The registry serves the divisions and sections of the Cantonal Court.

2. The registry allocates cases among the judges according to a rotation that takes into account the judges' workload within the division.

3. Upon instruction from the division president, a derogation from the case allocation according to the rotation may be made for valid reasons, particularly taking into account the following criteria and circumstances

- balance of judges' workload;

- absences such as illness, holidays, etc.;

- distribution by gender (male/female) depending on the nature of the dispute.

4. Related cases are, in principle, handled by the same panel.

5. If a member of one division must sit in another division, the president of the latter designates them after consultation, in agreement with the president of the division to which they belong.

1. The Chief Clerk is the head of office within the meaning of the judicial administration regulation [B]. They are responsible for the management of the clerk's office.

2. In agreement with the president, they ensure the recruitment, training, and management of the positions of clerks and other staff members of the clerk's office.

1. The First Clerk of the Cantonal Court is assisted by, and if necessary, replaced by, the Deputy First Clerk.

2. The latter is appointed by the Secretary General upon the proposal of the First Clerk.

1. The Chief Clerk assigns clerks to the courts and sections of the Cantonal Tribunal.

2. If necessary, and with the consent of the president of the concerned section, he may call upon ad hoc clerks to the extent of budgetary availability.

1. The First Clerk of the Cantonal Court appoints from among the clerks the secretaries of the Chamber of Lawyers and the Chamber of Certified Business Agents.

1. The Chief Clerk of the Cantonal Court is responsible for the library.

1. If the law or regulation does not provide otherwise, the order of election (art. 60 LOJV [A]) determines the rotation of judges, particularly in deliberations and substitutions.

1. Any court or panel that, during the course of a case submitted to it, observes a misconduct by a magistrate or judicial assistant, shall send a notice of observation to the concerned individual, after gathering, if necessary, the required information. A copy of the notice of observation is respectively provided to the Administrative Court or the Secretary General.

2. If it appears that disciplinary proceedings are warranted, the court or panel shall inform the Administrative Court, which shall take up the case or forward it respectively to the Judicial Council or the Secretary General.

1. Any claim against an authority, a magistrate, or a judicial collaborator is submitted to the Administrative Court.

1. The presiding judge exercises control over the courtroom, both inside and in the surrounding area.

2. They may withdraw speaking privileges from the lawyer, the party, or the representative of that party and, if necessary, order the evacuation of the courtroom.

1. At the request of a judge, the court may postpone or interrupt the deliberation and reschedule it for a later date.

1. Discussions and deliberations held in camera are kept confidential.

1. The Plenary Court convenes upon the summons of the president or at the request of at least seven judges.

2. It may make its decisions by circulation.

1. The court sits in camera, except for the swearing-in ceremonies.

1. The case files submitted to the plenary court are circulated in advance, except in cases of urgency.

1. The Administrative Court, if applicable, attaches its opinion to the case files it submits to the Plenary Court.

1. For the appointments of judicial magistrates within the jurisdiction of the Plenary Court or the engagement of the Secretary-General and the Chief Clerk of the Cantonal Court, the Administrative Court assembles the dossier and circulates it, including its recommendation.

1. The President establishes the agenda for the sessions of the Plenary Court and communicates it to the members.

1. The minutes are kept by the Secretary-General or the Deputy Secretary-General.

1. The president may require that a proposal to be voted on be drafted by its author.

1. The deliberation takes place according to the order of election, starting with a judge designated on a rotational basis for each session.

1. The Plenary Court deliberates validly when at least the majority of the members are present.

1. Decisions are made by a majority of the members present; abstentions are counted. In the event of a tie, the chairman's vote is decisive.

2. Each judge present has a deliberative vote.

**1. Appointments are made by secret ballot and by an absolute majority of the votes.**

2. To determine the absolute majority, blank ballots are counted.

3. If, after two rounds of voting, there is no absolute majority, the plenary Court shall defer the appointment and proceed according to Article 25, paragraph 2 of the LOJV [A].

1. Appointments and elections are conducted by secret ballot.

2. The voting system is individual and consists of a two-round majority, with an absolute majority required in the first round and a relative majority in the second round. Article 66, paragraph 2 of these rules shall apply for the remainder.

1. When the preliminary proceedings are completed and a case is ready to be judged, the file is circulated among the judges and the clerk involved in the case.

2. The judge certifies by affixing their signature on the file that they have reviewed it.

1. When a case is submitted to the Guardianship Chamber other than by way of appeal, the president, either ex officio or upon request, gathers all necessary information and summons, if necessary, the persons whose testimony seems useful.

2. He questions the interested parties.

1. The Chamber always deliberates in private.

1. The Administrative and Public Law Court and the Social Insurance Court hold public hearings if the investigative judge has scheduled proceedings (Art. 97 LPA-VD [G]). They deliberate in private.

1. Judgments or decisions are generally drafted by a clerk.

2. They mention at the beginning the composition of the court or the division.

3. After their drafting is approved, they are signed by the presiding judge and, if applicable, by the clerk.

4. Within ten days following the deliberation, a judge whose argument was dismissed, either wholly or partially, whether in terms of the decision or the reasoning, may draft a dissenting opinion which is appended to the judgment or decision.

1. Unless otherwise specified, judgments or rulings delivered in public hearings or in camera are officially communicated to the parties in their entirety.

2. Furthermore, the operative part of the rulings delivered in public hearings is notified or communicated immediately in writing to the interested parties.

1. Minutes and judgments or rulings are filed in tabs or registers.

1. The Criminal Court of Cassation and the Court of Indictment, as governed by Articles 17 and 26 ROTC [R] in their version valid until December 31, 2010, remain competent to rule on appeals submitted under the Code of Criminal Procedure of September 12, 1967 (CPP-VD [I]).

2. The First and Second Chambers of Appeals, as governed by Articles 18 to 20 ROTC in their version valid until December 31, 2010, remain competent to rule on appeals submitted under the Code of Civil Procedure of December 14, 1966 (CPC-VD [J]).

1. This regulation enters into force on January 1, 2008.

2. It repeals the organizational regulation of the Cantonal Court dated July 7, 1992.