Regulation on the Organisation of Valais Courts (ROT) - Scope of Application (ORG)

1. This Regulation applies to the following courts

a) Courts of first instance as defined in the present Regulation

1. District Courts,

2. Circuit Courts,

3. Coercive Measures Courts, as well as Criminal and Enforcement Courts,

4. Juvenile Court;

b) Cantonal Court.

2. In this Regulation, any designation of the person, status, or function applies equally to both women and men.

1. All appointments not reserved for another authority shall be made by the Cantonal Court.

2. The appointment shall generally be preceded by a public advertisement of the position to be filled, at least in the official cantonal publication. In the case of changes to the degree of employment or for short-term appointments, a public advertisement may be dispensed with. If the result of the advertisement is unsatisfactory, the appointment may be waived, or the position filled by way of appeal.

3. In the appointment of court clerks and administrative staff of the first instance courts, the Dean has the right to make a proposal. The proposal must be justified in writing and is not binding on the Cantonal Court.

4. The appointment of judges and court clerks shall be published in the cantonal publication.

5. Persons undertaking an internship at a first instance court shall be appointed by the Cantonal Court upon proposal of the Dean.

6. Legal interns act as ad hoc court clerks.

1. All appointed persons are reappointed on January 1 following the re-election of the cantonal court for a period of four years, unless there are reasons for non-reappointment.

2. Non-reappointments are communicated to the affected person in writing and with reasons, six months in advance. Prior to this, they are given the opportunity to make a statement.

1. The Swearing-in of Judges and all Court Clerks is conducted by the Cantonal Court after the election and after each reappointment. Ad hoc court clerks are sworn in by the Dean or the President of the Cantonal Court.

2. The Dean or the Secretary General informs the administrative staff about the obligation of confidentiality upon taking office.

1. Judges may submit their resignation to the appointing authority at any time. They are generally required to observe a notice period of six months.

2. Judges appointed by the Cantonal Court may shorten this notice period with its consent.

1. The court clerk performs the duties provided for in the legislation and in his job description.

2. The cantonal provisions regarding the personnel of the State of Valais apply by analogy to the court clerks and administrative staff.

1. Each court has a secretariat accessible to the public, which is responsible for managing case files and handling administrative work.

2. The Dean or the Secretary-General is responsible for the management of the secretariat.

1. The recording of all instructional actions is generally carried out by the secretarial staff under the responsibility of the judge.

2. Audio and text reproduction devices may be used, provided it is ensured that a person's statement is subsequently recognized in writing as their own. The original medium must be kept in the file until the conclusion of the proceedings.

1. If a collegiate court has jurisdiction and investigatory actions are necessary, these actions, unless the law explicitly assigns them to the entire court, are carried out by the presiding judge, a delegated judge, or a court clerk.

2. Collegiate courts are presided over by the presiding judge. The presiding judge distributes the work among the members and is responsible for scheduling cases, involving substitute judges, and completing the panel in cases of disqualification or recusal.

3. Collegiate courts must be complete to make a decision. Abstention from voting is inadmissible during deliberations. Decisions are made based on the majority principle.

4. The presiding judge appoints the reporting judge and decides on the involvement of the court clerk.

5. The reporting judge provides the other court members with a written report at least three days before the hearing. This report includes the relevant facts, a concise summary of the proceedings to date, the legal assessment, and the proposal.

1. If the law does not expressly provide for an oral hearing and none of the members of the court requests it, disputes can be decided by circulation based on a written report as defined in Article 9, paragraph 5, of these regulations and the file.

2. Circulation decisions can only be made unanimously. Each member must sign the decision.

1. The judge, and in the case of collegiate courts, the president, has authority over the credits to the extent that they relate to judicial proceedings, such as the regulation of evidentiary costs, litigation expenses, as well as fees for legal counsel and official defense.

1. With the exception of district courts, every judicial authority of the first instance is administratively led by a dean.

2. The dean is appointed by the cantonal court following an internal advertisement, for the duration of the legislative period or until its end.

3. The dean represents the court before the cantonal court.

4. The dean performs the tasks assigned by law, in this regulation, or by the cantonal court.

5. The dean is responsible for the administrative management of the court, including

a) the balanced allocation of work;

b) compliance with the principle of acceleration;

c) personnel management, particularly planning of attendance and absence, employee interviews and evaluations, employment references, and adherence to job descriptions.

1. In courts with multiple judges, they shall mutually represent each other ex officio. The same applies to court clerks. This provision also applies to district courts.

2. The cantonal court may appoint judges from other first-instance courts as deputies.

3. In courts with a single judge, the cantonal court may appoint the court clerk as a deputy. In this case, the clerk shall assume all rights and duties of the regular judge.

1. The juvenile judges represent each other ex officio.

2. If the investigation of a criminal case is assigned to a deputy judge due to prevention, disqualification, or work overload, the deputy judge conducts the proceedings under their judicial responsibility with the rights and duties of an ordinary judge.

3. The deputy judge conducts interviews or hearings in the same premises as the ordinary judge. They may involve third parties in procedural actions only with the prior permission of the presidency of the Cantonal Court.

4. The dean provides information on the activities of the deputy judges to the Cantonal Court in the annual report.

1. In the event of prevention, recusal, or overload, the coercive measures judges, as well as criminal and measures enforcement judges, shall represent each other ex officio. The Cantonal Court shall decide whether the aforementioned condition is met.

1. Upon request from a first-instance court, or even ex officio, the Cantonal Court may replace a first-instance magistrate with the court clerk. This measure may be taken for a specific file, for certain typified legal cases, or generally based on specific needs.

2. The Cantonal Court may require first-instance judges and court clerks to also serve at courts other than their regular courts. Such a decision can be made at the request of the court concerned, or on the initiative of the Cantonal Court. This measure can be taken due to language reasons or for better distribution of work, temporarily or permanently, for a specific file or for a percentage of working time.

3. The Cantonal Court may regulate additional cases of ad hoc substitution. In doing so, it may exceptionally assign individuals outside the courts to handle a judicial case. In this case, such a person must meet the eligibility requirements for this function.

4. The substitute judge can be assigned on-call duty.

1. The optimal functioning of all courts is the determining factor for the assignment of judges, substitute judges, and court clerks to the individual courts. A change in the assignment may also occur during the term of office.

1. The full-time members of the Cantonal Court constitute the full court. It fulfills the tasks assigned to it by law or by these regulations and can delegate these tasks to individual divisions, the presidency, commissions, individual judges, or the Secretary-General.

1. The presidium convenes the meetings of the plenary court either on its own initiative or at the request of three members.

2. The invitation is issued in writing, specifying the agenda items and, if possible, accompanied by an explanatory report and a proposal. Votes on non-agenda items can only be taken if all members of the plenary court are present and in agreement. Each member can propose items for the agenda to the presidium three to five days before the next meeting.

3. The plenary court is quorate if at least eight members are present. Decisions are generally made by open voting and with an absolute majority. Blank ballots and abstentions are not considered in determining the majority. If at least three members request it, voting shall be conducted by secret ballot. The chairperson also votes and has the casting vote in the event of a tie.

4. In elections, if no one reaches an absolute majority in the first round, a second round with a relative majority takes place.

5. Circular resolutions are permissible.

6. Minutes of the meetings are kept and approved at the following meeting.

1. The Cantonal Court delivers judgments through its divisions as a collegiate court, through the presidency of the Cantonal Court or the respective divisions, and as a single judge according to the legally prescribed provisions.

2. The Cantonal Court appoints each year for an administrative year, which begins on June 1st, the members of the divisions and delegations provided for by law and their presidents. The divisions are published annually in the cantonal publication organ after being constituted.

3. It assigns the substitute judges evenly to the individual divisions. This allocation occurs annually during the formation of the divisions and delegations.

4. Each division comprises at least three judges. The working procedure is regulated by Article 9 of this regulation.

5. Jurisdictional conflicts among the divisions and discrepancies in jurisprudence between individual divisions are resolved by the affected divisions through a joint consultation under the direction of the most senior judge. This judge designates the reporting member. If no majority is found, the full court makes the decision.

1. The leadership and administration of the Valais courts, insofar as they fall within the competence of the Cantonal Court, are conducted by the full court, the administrative commission, the president, or the secretary general. The internal allocation of competence is governed by the following provisions.

1. The Full Court

a) enacts the regulations and directives that fall within the competence of the Cantonal Court;

b) appoints the first-instance judges as well as the court clerks for both instances;

c) determines the court divisions and delegations and assigns the judges;

d) establishes the administrative commission and appoints the Secretary-General and their deputy;

e) adopts the annual report on the administration of justice for submission to the Grand Council;

f) decides on all applications to the Grand Council;

g) acts as the appellate body for administrative and disciplinary decisions of the administrative commission;

h) deliberates on significant administrative matters that personally affect a member;

i) decides on the allocation of legal entities to the Cantonal Court, district courts, the coercive measures court, the penal and enforcement court, and the juvenile court.

1. The President, the Vice President, and one additional judge constitute the Administrative Commission. The remaining judges are substitute members.

2. Additional judges, as well as a representative of the first-instance judges, may be involved in the deliberation of specific matters if the decision concerns them.

1. The Administrative Commission

a) acts as an advisory body to the President and oversees court administration;

b) proposes appointments, for which it is responsible, to the full court;

c) makes personnel decisions that are not reserved for the full court;

d) exercises the supervisory powers assigned to the cantonal court;

e) issues directives for the management of case files and other general orders for business management;

f) submits a budget proposal to the full court;

g) plans and coordinates training and determines the topics for the annual conference of judicial authorities;

h) is responsible for public relations and publications;

i) serves as the disciplinary authority according to Article 32, paragraph 1 of the RPflG;

j) decides on leaves of absence, special working conditions, and secondary employment.

2. The Administrative Commission may delegate powers to the Presidency or the Secretary General.

1. The minutes of the meetings of the General Court and the Administrative Commission shall be communicated to the members of the General Court. The other minutes shall be open for their inspection.

1. The President of the Cantonal Court

a) oversees the Cantonal Court and conducts its ongoing business;

b) represents the Cantonal Court and the courts of first instance externally;

c) chairs the full court and the administrative commission;

d) plans the management of the caseload and takes necessary measures or makes appropriate proposals;

e) manages the budget, subject to Article 11 of this regulation;

f) represents the Cantonal Court towards the courts of first instance;

g) is responsible for all other administrative tasks not reserved to the full court, the administrative commission, or the Secretary-General.

2. The presidency may submit an administrative matter, which falls within its competence, to the administrative commission for a decision or delegate powers to the Secretary-General.

3. The presidency is represented by the Vice-President and, in turn, by the third member of the administrative commission. Further representation is determined by seniority.

**1. The Secretary-General:**

a) supervises the administrative staff and manages the administrative services;

b) ensures internal information services and coordinates external communication;

c) organizes business dealings with third parties;

d) oversees human resources at the courts;

e) is responsible for the information technology of the cantonal court and the courts of first instance;

f) coordinates and supervises accounting and maintains the necessary contacts with the finance administration;

g) prepares the budget of the cantonal court and the courts of first instance;

h) prepares, together with the presidency, the matters for the plenary court and the administrative commission and ensures the implementation of the decisions;

i) assists the president in fulfilling presidential duties;

j) organizes training events and other occasions for the courts;

k) undertakes tasks assigned to him by the administrative commission;

l) advises the courts of first instance in fulfilling their administrative tasks and coordinates them;

m) ensures liaison with the cantonal administration.

**2.** The Secretary-General participates in the meetings of the plenary court and the administrative commission with an advisory vote and is responsible for the minutes.

1. The Cantonal Court and the courts of first instance are represented externally and to the other branches of government by the presidency of the Cantonal Court. In doing so, it adheres to the opinion of the full court.

2. On matters of general importance, the Cantonal Court seeks the opinion of the conference of the first-instance judicial authorities and duly considers it in its decisions.

3. If the Judicial Commission or the Judicial Council intervenes with a judge or a court of first instance, the affected judge or the dean promptly informs the Cantonal Court.

1. Judges demonstrate a high level of independence and credibility through their conduct.

2. They avoid any misuse of their position for their own interests or for the interests of persons close to them.

3. In particular, they must not accept any undue advantages for themselves or for persons close to them in their capacity as judges.

1. Public orientation is generally provided through public court hearings and the public announcement of judgments.

2. If the particular circumstances of a proceeding require it, the judge may

a) issue a media release; he shall immediately inform the Cantonal Court. He may consult the Secretary-General for assistance in advance;

b) convene a press conference, in which case he must notify the president of the Cantonal Court beforehand.

3. The courts make the list of publicly heard cases available to accredited media representatives.

1. The Journal of Valais Jurisprudence (hereinafter: ZWR) is published under the responsibility of the Cantonal Court.

2. The Cantonal Court appoints the administration of the ZWR.

1. Judges, as well as court clerks and administrative staff, do not provide legal information or advice, either orally or in writing, insofar as the query may form the subject of proceedings before the court.

1. Judges, court clerks, and party representatives shall appear in dark clothing for the final hearings before the Cantonal Court and the District Courts.

2. Business attire is prescribed for all other sessions.

3. Judges, court clerks, and attorneys may wear robes.

1. The Annual Conference of the Valais Judicial Authorities includes all judges, cantonal substitute judges, and lay judges.

2. It is convened by the Cantonal Court, takes place in the month of December, and serves the purpose of further education. Additionally, it provides all judicial authorities of the canton the opportunity to jointly discuss issues related to the judiciary.

1. The Conference of First Instance Judicial Authorities comprises district judges, coercive measures judges, as well as judges for penal execution and measures, and juvenile judges.

2. The Conference constitutes itself in accordance with its statutes.

3. It aims, in particular, to maintain and improve the quality and efficiency of first instance courts, to achieve harmonization of case law at this level, and to ensure the formation of opinions of first instance judges for the cantonal court in the event of changes in legislation or judicial organization.

4. The Conference strives, within the framework of existing structures, to provide continuing education for its members.

1. The magistrates of the cantonal judicial authorities mentioned in Article 1 of this regulation dedicate their entire working capacity to the activities associated with their office.

**1. The Register of Interests of Judges of the Valais Courts includes:**

a) their membership in management and supervisory bodies of corporations, companies, institutions, or foundations of private and public law;

b) the functions they perform in commissions or other bodies of the Confederation, a canton, a municipality, or in the context of inter-cantonal or inter-municipal cooperation;

c) * any secondary employment;

d) * party affiliation.

**2. Any changes must be reported upon occurrence.**

**3. By signing the interests disclosure form, the judges confirm that they have disclosed all their interests. The administrative commission decides on the reported interests in cases of doubt.**

**4. The register is published on the official website of the Valais Cantonal Court.**

1. The acceptance of a mandate as an arbitrator, expert, or legal advisor, as well as the acceptance of another demanding or income-generating secondary occupation by a magistrate of the judiciary requires the approval of the administrative commission.

2. The approval may be granted if

a) the nature and significance justify the involvement of a magistrate;

b) the exercise of the mandate or secondary occupation does not impair the reputation and independence of the Valais judiciary;

c) the magistrate is not hindered in the full performance of official duties in terms of time.

3. No mandate for the permanent consultancy of a public corporation or a private enterprise may be approved.

4. The publication of books or articles and participation in conferences in Switzerland or abroad do not require approval.

1. An arbitration mandate is generally only granted if the presidency is assumed, a sole arbitrator is in question, or if the arbitration tribunal is composed exclusively of magistrates.

2. If the arbitral award can be challenged at the cantonal court with a legal remedy, the members of the cantonal court may only exceptionally undertake an arbitration mandate.

3. A mediator, legal advisory, or expert assignment may only be approved exceptionally and only in cases that cannot be the subject of proceedings before the Valais judiciary.

1. Other secondary activities may specifically include the approval of undertaking a teaching assignment and participating in a federal or cantonal committee of experts or examination commission.

1. The application shall be submitted to the Administrative Commission of the Cantonal Court. It contains all necessary information regarding the type and subject of the secondary employment, as well as the estimated time commitment it is expected to entail.

1. The Secretary General conducts a review of the issued permits.

2. The Administrative Commission of the Cantonal Court may request information from the magistrate at any time regarding the time commitment of a secondary occupation.

3. The resignation and termination of a mandate must be communicated to the Administrative Commission; at the same time, the amount of income must be disclosed to it.

1. Income from ancillary activities is subject to the following provisions and is allocated to the respective magistrate.

2. The income is determined annually; expense reimbursements are not considered. For multi-year mandates, the income is distributed over the years of the mandate's execution.

3. If a magistrate's income from ancillary activities and regular salary results in an income higher than 125 percent of the salary amount in a given year, the excess amount must be paid to the court treasury.

4. If a magistrate is appointed to a consultative or supervisory commission, or similar function, due to a legal provision or their role, any compensation for this must be transferred to the court treasury, unless otherwise decided by the cantonal court.

1. As a rule, the services of the court may not be utilized. Exceptions require the approval of the administrative commission.

2. In such a case, an appropriate fee must be paid.

3. The administrative commission specifies the usage fees in detail.

1. The Cantonal Court exercises its supervision over the first-instance courts using statistics

a) based on the continuously incoming files;

b) through annual inspections;

c) through investigations and controls as necessitated by the circumstances of individual cases.

2. The Dean shall promptly report to the Cantonal Court any circumstances that may impede the proper conduct of business at a first-instance court.

1. The Cantonal Court may issue instructions to the judicial authorities subordinate to it regarding the management of proceedings and, respecting their independence, general guidelines for the administration of justice.

1. Regardless of any breach of duty, the Cantonal Court may dismiss or transfer a member of the judicial authorities it has appointed for important reasons. This can be temporary or permanent. A transfer to a lower function can only occur with the consent of the person concerned. In any case, the person must be heard in advance, property rights must be safeguarded, and the decision must be communicated in writing, with reasons provided, three months in advance.

2. An important reason is considered to be any circumstance that, in good faith, requires the election authority to dissolve the appointment, such as inability to fulfill the office, abolition of the function, or loss of an indispensable eligibility requirement.

3. For court clerks and administrative staff, the cantonal legislation on the personnel of the State of Valais applies accordingly.

1. The Cantonal Court exercises supervision over the lower judicial authorities in accordance with the law.

2. Disciplinary proceedings may be initiated against administrative staff and court clerks who violate their service or official duties.

1. Subject to Articles 32 and 33 of the RPflG and this regulation, disciplinary proceedings against administrative staff or court clerks are governed mutatis mutandis by the cantonal legislation regarding the personnel of the State of Valais.

2. Disciplinary proceedings are initiated ex officio by the Cantonal Court as soon as it becomes aware of a breach of duty and the circumstances require it.

3. At the first-instance courts, the dean is responsible for reporting breaches of duty that could lead to disciplinary proceedings to the Cantonal Court.

4. In these cases, the relevant superiors are to be heard by the Cantonal Court and must assist in clarifying the facts of the matter.

5. Departure from court service precludes disciplinary punishment.

1. The Commission appointed by the State Council pursuant to Article 6 of the Act of June 19, 1996, on the Application of the Principle of Equality between Men and Women is also considered as the Expert Commission for those employed by the courts of Valais.

1. The Office for Staff Support and Conflict Management of the cantonal administration is also available to magistrates, court clerks, and administrative staff.

1. All provisions that conflict with this present regulation are repealed, specifically the Organizational Regulation of the Valais Courts dated May 4, 1999.

1. This regulation shall come into force on January 1, 2011.