Judicial Organisation Act (LOJ) - Purpose (RPFLG)

1. This Law Aims to Define

a) the organization of the judicial authorities and the prosecutor's office;

b) the duties of the cantonal court and the prosecutor's office regarding the internal organization of the judicial and prosecutorial authorities;

c) the prerequisites for holding office as a judge and prosecutor.

1. The new statutory provisions regarding the appointment and swearing-in of members of the public prosecution office do not apply to individuals who have already been elected at the time the provisions come into effect. They only take effect after the current term of office has ended.

1. The Jurisdiction of the Judicial Authorities and the Public Prosecutor's Office is determined by the special legislation, namely through

a) the Federal Judicial Authority;

b) the Introductory Laws to the Federal Judicial Authority;

c) the Law on Administrative Procedure and Administrative Justice.

1. The Jurisdiction of Administrative Authorities in Civil, Criminal, Administrative, and Social Security Matters is Reserved.

1. In this law, any designation of a person, status, or function applies equally to both men and women.

1. Civil jurisdiction is exercised by

a) the municipal judges;

b) the district courts;

c) the cantonal court.

2. Reserved are the powers

a) of the labor court and the cantonal conciliation commission for disputes subject to the Federal Act on Gender Equality, whose organization is determined by the cantonal labor law;

b) of the cantonal conciliation commission for tenancy matters, whose organization is determined by the cantonal introductory law to the Swiss Civil Code;

c) of the child and adult protection authority.

1. Criminal jurisdiction is exercised by

a) * ...

b) the district courts;

c) the regional courts;

d) the compulsory measures court;

e) the penal and measures execution court;

f) the juvenile judges and the juvenile court;

g) the cantonal court,

2. The jurisdiction of the public prosecutor's office, the police court, and other administrative authorities is reserved.

1. The Police Court is a criminal municipal administrative authority consisting of three members.

2. In the Police Court, no more than one member of the municipal council may be represented.

3. The municipal council

a) appoints the members of the Police Court for a term of four years;

b) designates its president;

c) appoints one or more substitutes in the event of a recusal or an impediment.

4. The president or a member of the Police Court delegated by the president may decide as a single judge

a) when the accused person has admitted the facts of the case or these are otherwise sufficiently clarified and a fine of no more than 500 francs seems appropriate to penalize the offense;

b) in the case of an obviously unfounded complaint;

c) in the case of obvious inadmissibility;

d) when a matter becomes moot;

e) when a special legislation provides for it.

5. The Police Court, its president, or a member deciding as a single judge, can be assisted by a court clerk who holds a university degree in law, with an advisory vote.

6. Municipalities can agree to establish an intercommunal Police Court in a form provided for by the municipal law.

1. The administrative jurisdiction is exercised by

a) the Cantonal Court;

b) the special appeals commissions.

2. Jurisdiction in matters of tax and social insurance law is exercised by the Cantonal Court. If a court of the Cantonal Court dealt with a matter as a court of first instance, which does not fall under Article 86, paragraph 2 of the Federal Court Act, an appeal can be lodged with another court of the Cantonal Court according to the provisions on administrative proceedings.

1. Each municipality has a judge and a deputy judge. However, two or more municipalities may share the same judge and/or deputy judge.

2. The appointment is governed by the cantonal constitution and the law on political rights.

3. The judges and deputy judges are sworn in by the district judge of their seat, who is their supervisory authority.

4. If the municipal judge and the deputy judge are unable to act or are recused, they shall be replaced by the judge or deputy judge designated by the district judge.

5. The municipal judge must be assisted by a court clerk designated by him, who holds a university degree in law and advises with a consultative voice.

6. The supervisory authority of the municipal judges ensures uniform training, notably by means of circulars, directives, and, if necessary, by convening conferences.

1. There are nine district courts, the locations of which are determined as follows

a) in Brig for the districts of Goms, Oestlich-Raron, and Brig;

b) in Visp for the district of Visp;

c) in Leuk-City for the districts of Leuk and Westlich-Raron;

d) in Siders for the district of Siders;

e) in Sion for the districts of Ering and Gundis;

f) in Sion for the district of Sion;

g) in Martigny for the districts of Martigny and St-Maurice;

h) in Sembrancher for the district of Entremont;

i) in Monthey for the district of Monthey.

2. There is one or more district judges at each court.

3. Each district judge has a deputy who replaces them in cases of absence, work overload, or recusal. In courts with multiple judges, the judges represent each other by virtue of office.

4. The district judges and their deputies are appointed and sworn in by the cantonal court for the duration of the term of office.

1. There are three district courts

a) the first district court for the districts of Upper Valais: Goms, Eastern and Western Raron, Brig, Visp, and Leuk;

b) the second district court for the districts of Central Valais: Siders, Sitten, Ering, and Gundis;

c) the third district court for Lower Valais: Martigny, Entremont, St-Maurice, and Monthey.

2. The district court consists of the district judge, in whose jurisdiction the offense was committed, serving as the president, and two other district judges from the same district, but generally from different districts.

3. It generally convenes at the seat of the president.

1. The Coercive Measures Court is a central first-instance court, which consists of multiple judges and is seated in Sion. It decides as a single judge. The coercive measures judge can be called upon at any time. He can hold proceedings at locations deemed appropriate by him.

2. The Criminal and Enforcement Court is a central first-instance court, consisting of multiple judges, with its seat in Sion. Unless the law provides otherwise, it decides as a single judge.

3. The coercive measures judge and the criminal and enforcement judge may be assigned to another court or appointed to handle specific other cases (Art. 15 para. 2).

4. The Coercive Measures Court and the Criminal and Enforcement Court are united in a single administrative structure. The same magistrate can perform both functions. Furthermore, the cantonal court shall set forth the internal organization in a regulation.

1. The Juvenile Court is composed of judges, alternate judges, and associate judges.

2. The juvenile judges, alternate judges, and associate judges are appointed and sworn in by the Cantonal Court for the duration of a term of office.

3. The Cantonal Court establishes the administrative seat of the Juvenile Court and appoints the dean.

4. The provisions concerning the recusal of the first-instance criminal judge apply to the juvenile judge and the associate judge. However, the juvenile judge who conducted the investigation must recuse themselves from the judgment upon request and under the conditions provided by the federal law on juvenile criminal law. Alternate judges replace juvenile judges in the event of unavailability, recusal, or work overload. The Cantonal Court decides whether the latter condition is met and regulates the duties of the alternate judges in a set of rules.

5. The court sits in a panel of three, with the juvenile judge acting as president and two associate judges. The president determines the composition of the court on a case-by-case basis.

1. The Cantonal Court exercises the highest jurisdiction in the canton.

2. The Grand Council determines by resolution the number of cantonal judges, substitute judges, and assessors, taking into account linguistic balance.

3. It elects and swears in the cantonal judges, substitute judges, and assessors at the Cantonal Court for the duration of the term of office.

4. The Cantonal Court is seated in Sion.

1. The Cantonal Court determines the number of judges appointed to the District Courts, the Juvenile Court, the Compulsory Measures Court, and the Criminal and Penal Execution Court.

2. Furthermore, the Cantonal Court may

a) assign one or more judges to multiple courts;

b) appoint one or more judges on a part-time or full-time basis to handle specific cases.

3. The decisions of the Cantonal Court regarding judicial organization are published in the Official Gazette.

4. Moreover, the Cantonal Court establishes in regulations the internal organization of the District Courts, the Juvenile Court, the Compulsory Measures Court, and the Criminal and Penal Execution Court.

1. In the event of an impediment, recusal, or any other significant reason, the Cantonal Court may appoint an extraordinary district judge, juvenile judge, coercive measures judge, or criminal and measures enforcement judge selected from outside the judicial authorities to handle a case. In such a case, the extraordinary judge must fulfill the conditions of Article 27.

1. The Cantonal Court appoints the court clerks. It seeks the preliminary opinion of the Dean of the District Court, the Juvenile Court, the Compulsory Measures Court, and the Penal and Enforcement Court for the clerks who support them.

2. The assignment and duties of the court clerks are the responsibility of the Cantonal Court.

3. Except in criminal matters, the court can validly convene without the involvement of a court clerk.

4. A court clerk can substitute for a district judge, a juvenile judge, a compulsory measures judge, and a penal and enforcement judge. However, he may not sit with the judge for whom he is the clerk in the district court.

5. The duties of the court clerks are defined in the present law and its implementing provisions, in the procedural codes, as well as in other regulations concerning the administration of justice. Subject to federal law, the minutes of instruction sessions are generally to be taken by the administrative staff under the responsibility of the court president. Recording and playback devices may be used according to a regulation issued by the Cantonal Court.

**1. On the recommendation of the Cantonal Court and the report of the Council of State, the Grand Council establishes the maximum number of legal units by determining, through a resolution, the number of first-instance judges and court clerks for all courts.**

2. Within the maximum limitation of legal units and within the budget framework, the Cantonal Court may reduce the number of court clerks and proportionately increase the number of first-instance judges. It then decides on their allocation in accordance with Article 15.

3. Article 41, paragraph 2, remains reserved.

1. For the exercise of judicial functions and subject to Article 20 of the present law, the Cantonal Court is composed of civil, criminal, public law, tax law, and social security law divisions, sections, and chambers. The number of judges per division, section, or chamber, as well as their powers, are regulated in the organizational rules of the Valais courts or in special legislation.

1bis Subject to Article 65 paragraph 3bis of the VVRG, in tax law cases, two judges of the tax law division of the Cantonal Court deliberate and decide with an assessor. The presiding judge determines the composition of the court for each case.

2. All cases for which the law does not expressly require an oral hearing, and provided no judge requests an oral proceeding, can be decided based on the report and the files by circulation. Decisions made by circulation must be unanimous. Each judge must sign the report.

3. If a division wishes to deviate from the jurisprudence of another division or the full court, it can only do so with the consent of the other division or the full court. This decision is made without hearings and excluding the public. It binds the division that has to decide on the individual case.

1. The president of a collegiate court or a delegated judge may decide as a single judge without a hearing and without exchanging documents

a) in cases of irrelevance;

b) in cases of obvious inadmissibility;

c) in cases of clearly unfounded claims.

2. The president of a collegiate court or a delegated judge conducts the instruction of legal remedies that fall within the jurisdiction of the cantonal court.

3. The competence of a single judge of the cantonal court may be provided for by law.

1. If, as a result of the disqualification or recusal of several judges and substitute judges, the Cantonal Court is incomplete, it shall complete itself by appointing one or more first-instance judges or one or more of their substitute judges.

2. If the recusal of all regular members of the Cantonal Court is requested, this matter shall be decided by an extraordinary court composed of three members. These members shall be chosen by the State Council through drawing lots from the substitute judges of the Cantonal Court and the first-instance judges. If necessary, the State Council shall appoint other judges who must meet the requirements of Article 27. If the request for recusal is found to be justified, the extraordinary court shall also decide on the matter itself.

3. In the event of an appeal against a decision regarding a request for recusal, the following procedure shall apply

a) The appeal must be submitted to the State Council. The procedure shall be conducted in accordance with the provisions of civil or criminal procedure law, or those of administrative procedure law, depending on the area of law.

b) The State Council shall appoint a second extraordinary court by analogous application of paragraph 2.

1. The President of the Cantonal Court releases municipal judges, judges, and substitute judges of the first instance from official secrecy and permits them to testify in court.

1. If a court acts as the final cantonal instance for appeals or a cantonal court acts as the sole instance for issuing an interim decision or a procedural order, the following procedure applies

a) a judge of this court decides;

b) an appeal can be filed with another judge of the same court in accordance with the provisions of the Civil and Criminal Procedure Code or the administrative procedure.

1. An independent Public Prosecutor's Office is established for the entire canton, which is composed of a central office located in Sion and a regional office for each district court located in Brig-Glis, Sion, and St-Maurice.

2. Subject to the competencies of the Public Prosecutor's Office, the Attorney General directs the activities of the Public Prosecutor's Office and supervises the proper functioning of the offices.

2a. In the event of incapacity, the Attorney General is represented in his functions and competencies by the Deputy Attorney General, or if he is also incapacitated, by a Senior Prosecutor in order of seniority and subsidiarily by age.

3. Subject to the competencies of the Attorney General, the central office is led by the Deputy Attorney General, and each regional office by a Senior Prosecutor.

3a. The Deputy Attorney General and the Senior Prosecutors each designate a representative from among the prosecutors in their office to represent them in the event of incapacity.

4. The Attorney General, the Deputy Attorney General, and the Senior Prosecutors form the office of the Public Prosecutor.

5. ...

1. The Grand Council exercises the supreme oversight over the Public Prosecutor's Office.

2. ...

3. ...

4. ...

5. ...

6. ...

1. The Attorney General shall annually report to the Grand Council through the Council of State on the activities of the Public Prosecutor's Office. The report shall specifically include information on

a) the internal organization;

b) the general directives;

c) the number and types of completed and pending cases as well as the workload of individual units;

d) the processing time of the cases;

e) the deployment of personnel as well as financial resources and existing infrastructure;

f) * the number and outcome of complaints filed against decisions and procedural actions of the Public Prosecutor's Office;

g) * the criminal policy of the Public Prosecutor's Office.

2. ...

3. ...

1. On the proposal of the Attorney General and the report of the Council of State, the Grand Council determines by resolution a maximum number of legal entities by establishing the number of prosecutors, deputies, and clerks for the entire public prosecution service.

2. The Office of the Public Prosecutor

a) appoints and swears in the prosecutors, deputies, and clerks;

b) appoints the administrative staff;

c) decides on the allocation of prosecutors, deputies, clerks, and administrative staff to the offices;

d) releases prosecutors and deputies from official secrecy and allows them to testify in court.

2bis. Within the maximum number of legal entities and within the budget framework, the Office of the Public Prosecutor may reduce the number of clerks and proportionally increase the number of prosecutors and deputies. Subsequently, it decides on the allocation per paragraph 2 letter c.

3. The decisions of the Office of the Public Prosecutor regarding the organization are published in the cantonal official gazette.

1. In the event of an impediment or for another important reason, the Office of the Public Prosecutor may appoint and swear in a special prosecutor selected from outside the Public Prosecutor's Office of the Canton of Valais to handle a case. In this instance, the special prosecutor must meet the conditions of Article 27.

2. In the event of an impediment or recusal of all members of the Office of the Public Prosecutor, the special prosecutor shall be elected and sworn in by the Grand Council.

1. The tasks assigned to the Juvenile Prosecution Office by the Swiss Juvenile Criminal Procedure Code fall under the jurisdiction of the ordinary Public Prosecutor's Office.

2. The office of the Public Prosecutor may designate one or more prosecutors to handle juvenile criminal cases.

1. As a cantonal judge, district judge, juvenile judge, coercive measures judge, penal and execution measures judge, general prosecutor, deputy general prosecutor, senior public prosecutor, public prosecutor, substitute, as deputy of these magistrates, or as court clerk, only those who hold a law degree are eligible for election.

2. Holders of a licentiate, master's, doctorate in law, or an equivalent academic title are eligible for election if they provide proof of sufficient practical experience.

3. As an associate judge of the tax law division of the cantonal court, only those with special professional skills in taxation, tax law, trust services, or fiduciary asset management are eligible for election. It is not necessary to possess an academic title in law.

1. The election of the cantonal judges, the deputy judges at the cantonal court, the assessors at the cantonal court, and the members of the Public Prosecutor's Office is determined by the regulation of the Grand Council.

1. The Appointment Procedure and the Swearing-In of Prosecutors, Deputies, Court Clerks, and the Extraordinary Prosecutor are Defined by the Regulations of the Public Prosecutor's Office of the Canton of Valais.

1. The languages, regions, and political forces must be adequately represented in the cantonal judicial authorities of the first and second instance and the public prosecutor's office.

2. Furthermore, the appointing authority shall take into account the principle of gender equality between men and women.

1. The members of the judicial authorities and the public prosecutor's office, as well as the court clerks, must swear or solemnly promise to perform their duties to the best of their conscience.

2. If they wish to be sworn in, they take the following oath: "I swear to perform the duties entrusted to me to the best of my conscience. I swear it in the name of God, as I wish He may assist me in my final moment."

3. If they choose to make a solemn promise, they use the following wording: "I solemnly promise to perform the duties entrusted to me to the best of my conscience."

1. Unless otherwise specified, the legislation regarding state personnel applies analogously to court clerks and scribes.

1. Judges, Associate Judges, Prosecutors, and Deputies

a) are independent and impartial;

b) perform their duties with conscientiousness, diligence, and rigor;

c) are bound by official secrecy;

d) are bound by the duty of confidentiality;

e) keep their legal knowledge up to date and deepen it.

2. The Judicial Council releases Cantonal Judges, Substitute Judges, Associate Judges, and members of the Prosecutor's Office from official secrecy and permits them to testify in court.

1. The Cantonal Court exercises supervision over the court clerks and the administrative staff. According to the organizational regulation of the courts of Valais, it is responsible for imposing disciplinary measures in the first instance and as an appeals authority.

2. The Office of the Public Prosecutor exercises the same supervision over the court clerks and the administrative staff. The Cantonal Court is the appeals authority for the disciplinary decisions made against them.

3. The internal control over the courts and the offices of the public prosecutor, within the meaning of Article 19 paragraph 4 of the Law on the Judicial Council, remains reserved.

**1. The following disciplinary measures may be imposed:**

a) * ...

b) * written reprimand;

c) * ...

d) * reduction of monthly salary by up to one-third for a maximum of one year;

e) * transfer to another or an equivalent position or one of a lower classification, with remuneration corresponding to the new situation;

f) * disciplinary dismissal.

g) * ...

**2. The type of disciplinary measure is determined, taking into account the magistrate's previous behavior, according to the severity of the violation of duties.**

**3. ...**

**4. In cases of minor misconduct, a disciplinary measure may be waived.**

**5. If the magistrate concerned submits his or her resignation, the competent authority may forgo a disciplinary measure and accept the resignation if, considering all the circumstances and the various interests, it is the most appropriate solution.**

1. Judges, substitute judges, associate judges, the Attorney General, the Deputy Attorney General, senior prosecutors, prosecutors, and substitutes may submit their resignation to the election or appointment authority at the end of a month with a notice period of 6 months. The duration of the notice period may be shortened with the consent of the competent authority.

2. For important reasons, the election or appointment authority may terminate the activities of a magistrate at any time. This is without prejudice to disciplinary proceedings.

1. Upon assuming office and upon any change, every magistrate within the judiciary and prosecution must disclose their affiliations and party membership according to the criteria established by regulations.

2. The Secretary General of the Valais courts compiles a public register with the information provided by the judiciary magistrates. The Secretary General of the prosecution does the same with the information from the prosecution magistrates. These registers are published on the official websites of the judiciary and the prosecution.

1. For the handling of a recusal request, the following authorities are responsible, depending on who the request is directed against

a) Against a municipal judge: the vice municipal judge or another municipal judge designated by the district judge of their seat;

b) Against a first-instance judge or a first-instance substitute judge: another first-instance judge or a first-instance substitute judge designated by the President of the Cantonal Court;

c) Against a cantonal judge: the President of the Cantonal Court;

d) Against the President of the Cantonal Court: the Vice President of the Cantonal Court;

e) * Against the President and the Vice President of the Cantonal Court: the most senior cantonal judge who is not affected by a reason for recusal;

f) * Against an associate judge: the President of the Cantonal Court.

2. The recusal decision concerning a municipal judge or a first-instance judge is subject to appeal to the President of the Cantonal Court. The President decides on the matter under consideration in accordance with the provisions of civil or criminal procedure law or administrative procedure law.

3. Reservations are as follows

a) * ...

b) Article 21, paragraphs 2 and 3 of the present law, if recusal is requested by all members of the Cantonal Court;

c) Article 22 of the present law, if an appeal is lodged against the recusal decision concerning a cantonal judge, the President, or the Vice President of the Cantonal Court.

4. Article 21, paragraphs 2 and 3 are applied analogously if recusal is requested by all members of the Police Court.

1. The Cantonal Court and the Public Prosecutor's Office have a General Secretariat that assists them in general administration, particularly in the areas of personnel, premises, equipment, information technology, accounting, and budget preparation.

2. The Cantonal Court and the Attorney General establish the organization of the General Secretariat and its responsibilities in regulations.

3. ...

1. Regarding statutory deadlines or deadlines set by an authority in accordance with this law, the following holidays shall apply

a) the days established by federal law;

b) the days established in the cantonal law concerning rest on Sundays and holidays and in its implementing regulations;

c) January 2nd, Easter Monday, Whit Monday, and December 26th.

1. The Cantonal Court manages a website on which it publishes, among other things

a) * its partial and final decisions on the matter;

b) * its preliminary and interlocutory rulings in principle, and

c) * the decisions of the first-instance judicial authorities that are significant for the understanding of the law.

1bis The Cantonal Court particularly publishes the key rulings of the judicial authorities in the Journal of Valais Jurisprudence.

1ter The decisions of the judicial authorities are available upon request.

1quater Articles 48 to 50 and 55 of the Act on Public Information, Data Protection, and Archiving (GIDA) apply accordingly to requests for access to the decisions of the judicial authorities.

2. The judicial authorities grant access to their decisions in accordance with the provisions of federal law. In particular, they take the necessary measures to protect the privacy of individuals and third parties. In exceptional cases, they may

a) * carry out a qualified anonymization for reasons of youth protection or in cases of sexual offenses;

b) * refrain from publishing if a person remains recognizable despite anonymization and would thus be exposed to an extremely high risk.

2bis Within the scope of scientific research, subject to the signing of a confidentiality agreement and the destruction of the data upon completion of the research, the judicial authorities grant access to non-anonymized decisions.

2ter Appeals against decisions denying access to the decisions of the first-instance judicial authorities can be lodged with the Cantonal Court.

3. The Cantonal Court shall establish in regulations the relations between the courts and the media, as well as the implementation of this article.

4. The Attorney General shall determine in regulations the relations of the Public Prosecutor's Office with the media.

1. The Cantonal Court or the Public Prosecutor's Office dispose of the credits approved for them by the Grand Council for the administration of justice.

2. The accounting system is subject to the control of the Financial Inspectorate, insofar as the supreme supervision of the Grand Council requires it.

1. The State Council establishes the services to be provided by the municipalities where judicial authorities and the public prosecutor's office are located, and possibly by other municipalities in the respective districts or circles.

1. The administrative staff of the courts is appointed by the Cantonal Court, while that of the Public Prosecutor's Office is appointed by its office. The administrative staff is subject to the legislation governing State personnel. The district judges, juvenile judges, judges of the Coercive Measures Court and the Penal and Measures Execution Court, the Deputy Attorney General, as well as the senior public prosecutors propose the personnel to be appointed for their positions.

2. Within the framework of the budget, the Cantonal Court can convert a position allocated to administrative staff according to the organizational chart into a position as a court clerk or a first-instance judge. Similarly, the office of the Public Prosecutor can convert a position allocated to administrative staff according to the organizational chart into a position as a public prosecutor, deputy prosecutor, or court clerk.

1. The Cantonal Court, the Public Prosecutor's Office, the District Courts, and the first-instance judges may be supported by one or more bailiffs, who are appointed by these authorities for the legislative term.

2. ...

3. ...

4. Unless otherwise specified, the legislation concerning state personnel applies analogously.

1. The judicial authorities and the public prosecutor's office may request the assistance of the police.

1. The Cantonal Court shall establish the organization and management of the court archives by regulation.

2. The Attorney General shall establish the organization and management of the prosecutor's office archives by regulation.

1. The Cantonal Court determines in a regulation the provisions regarding its internal organization, as well as those of the District Courts, the Juvenile Court, the Coercive Measures Court, and the Criminal and Enforcement Court.

1bis The Attorney General determines in a regulation, after consulting the office, the provisions regarding the internal organization of the Public Prosecutor's Office.

2. The office of the Public Prosecutor's Office determines in a regulation the provisions regarding its internal organization.

1. All provisions that conflict with the present law are repealed, notably the Law on Judicial Authorities of June 27, 2000.

2. The Law on Administrative Procedure and Administrative Justice of October 6, 1976, is amended.

3. The Law on the Organization of Councils and the Relationships between the Powers is amended.

1. This Act, upon its entry into force, is applicable to pending proceedings subject to the transitional provisions of federal law.

1. This law is subject to an optional referendum.

2. The State Council determines the date on which this law comes into force.