Act on the salaries of judicial authorities and representatives of the public prosecutor's office - Scope of Application

1. This Act establishes the salaries of

a) judicial authorities in accordance with the Law on Judicial Administration;

b) court clerks;

c) public prosecutor representatives in accordance with the Law on Judicial Administration.

2. The salaries of administrative staff and auxiliary employees are determined based on the salary schedule for personnel of the cantonal administration, as proposed by the classification commission pursuant to Article 7 of the Law concerning the Salaries of Officials and Employees of the State of Valais, which shall include a representative from both the cantonal court and the public prosecutor's office.

3. These salaries are paid by the state treasury.

4. The remuneration of municipal judges and clerks of this authority is determined by the municipal council; it is borne by the municipality.

1. Base Index 2010: 103.6 Points

| Position | Annual Salary (including 13th monthly salary) |

| --- | --- |

| President of the Cantonal Court** | CHF 201,158.75 |

| Cantonal Judge | CHF 201,158.75 |

| Attorney General** | CHF 201,158.75 |

| **Additional Flat Fee | The holder of this office receives an additional annual flat-rate compensation of CHF 5,000, which is indexed |

1. Cantonal judges receive a fixed annual salary in accordance with Appendix 1 of the present law.

2. The President of the Cantonal Court receives an additional indexed annual lump-sum compensation of 5,000 Swiss Francs.

3. The President of the Cantonal Court receives an annual representation allowance of 2,000 Swiss Francs, while the other cantonal judges receive 1,200 Swiss Francs.

1. Base Index 2010: 103.6 Points

| Function | Minimum Annual Salary (including 13th month's salary) | Maximum Annual Salary (including 13th month's salary) |

| --- | --- | --- |

| 1. Cantonal Court: | | |

| Court Clerk I (Class 2) | CHF 123,483.10 | CHF 172,876.35 |

| Court Clerk II (Class 3) | CHF 119,423.85 | CHF 167,193.40 |

| 2. First Instance Courts: | | |

| Dean of a First Instance Court** | CHF 135,344.40 | CHF 189,481.90 |

| District Judge | CHF 135,344.40 | CHF 189,481.90 |

| Juvenile Judge | CHF 135,344.40 | CHF 189,481.90 |

| Coercive Measures Judge | CHF 135,344.40 | CHF 189,481.90 |

| Criminal and Measures Execution Judge | CHF 135,344.40 | CHF 189,481.90 |

| Court Clerk I (Class 4) | CHF 115,499.15 | CHF 161,698.80 |

| Court Clerk II (Class 5) | CHF 111,699.90 | CHF 156,379.85 |

| 3. Public Prosecutor's Office: | | |

| Deputy Chief Public Prosecutor** | CHF 135,344.40 | CHF 189,481.90 |

| Senior Public Prosecutor** | CHF 135,344.40 | CHF 189,481.90 |

| Public Prosecutor | CHF 135,344.40 | CHF 189,481.90 |

| Substitut I (Class 2) | CHF 123,483.10 | CHF 172,876.35 |

| Substitut II (Class 3) | CHF 119,423.85 | CHF 167,193.40 |

| Court Clerk I (Class 4) * | CHF 115,499.15 * | CHF 161,698.80 * |

| Court Clerk II (Class 5) * | CHF 111,699.90 | CHF 156,379.85 |

| Additional Allowance * | The holder of this office receives an additional annual flat-rate compensation of CHF 5,000.-, which is indexed. | The holder of this office receives an additional annual flat-rate compensation of CHF 5,000.-, which is indexed. |

1. District judges, juvenile judges, coercive measures judges, as well as judges responsible for criminal and measures enforcement receive a graduated annual salary according to Annex 2 of this law.

2. The difference between the minimum and maximum salary amounts to 25 experience increments, with the first 15 accounting for two percent each and the subsequent ten accounting for one percent each.

3. First-instance judges receive one experience increment each year.

4. When appointing a first-instance judge, the appointing authority determines the number of experience increments, taking into account the nature and duration of previous professional activities.

5. First-instance judges receive an annual representation allowance of 1,000 francs.

6. Magistrates required to be on standby duty outside of normal working hours receive a flat-rate compensation of 150 francs per week.

1. The doyens of the first instance courts receive the annual salary of a first instance judge plus an indexed annual lump-sum compensation of 5,000 Swiss francs.

1. Cantonal Court Clerks I and II receive a tiered annual salary according to the salary table specified in Appendix 2 of the present law.

2. The promotion of court clerks is regulated by directives of the Cantonal Court.

3. The difference between the minimum and maximum salary amounts to 25 experience increments, of which the first 15 each account for two percent and the following ten each account for one percent.

4. Cantonal Court Clerks receive one experience increment each year.

5. In the case of insufficient performance, the appointing authority may reduce or eliminate the annual increase of experience increments.

6. Upon the appointment of a court clerk, the appointing authority determines the number of experience increments, taking into consideration the nature and duration of previous professional activity.

1. Court Clerks I and II of the courts of first instance receive a graduated annual salary in accordance with the salary table set forth in Appendix 2 to the present law.

2. The promotion of court clerks is regulated by directives of the Cantonal Court.

3. With regard to increments for experience, the provisions of Article 5 are applicable.

1. The annual salary of the Attorney General corresponds to the salary of a cantonal judge.

2. The Attorney General receives an additional indexed annual lump-sum compensation of 5,000 francs.

3. The annual salary of the Deputy Attorney General and the Senior Public Prosecutors corresponds to the salary of the dean of a first-instance court.

4. The annual salary of the Public Prosecutor corresponds to the salary of a first-instance judge.

5. The annual salary of Substitutes I and II shall be determined in accordance with Article 5.

6. The annual salary of Court Clerks I and II shall be determined in accordance with Article 6.

1. Substitute judges at the Cantonal Court receive the following compensations in addition to expense reimbursement

a) 700 Swiss francs per day;

b) 350 Swiss francs per half-day;

c) 80 Swiss francs per hour, up to three hours.

2. Furthermore, the substitute judge who drafts the report is granted a compensation ranging from 700 Swiss francs to 2,700 Swiss francs.

3. If a first-instance judge or a court clerk serves as a substitute judge, the compensation is halved.

4. The Cantonal Court determines the compensations for substitute judges. In special cases, it may increase the compensations or establish an annual flat-rate compensation, provided that it does not exceed the salary of a cantonal judge, including the base salary.

1. Substitute Judges at First Instance Courts, as well as Extraordinary Public Prosecutors and Assessors, shall receive the following remuneration in addition to expense reimbursement

a) 500 Swiss Francs per day;

b) 300 Swiss Francs per half-day;

c) 70 Swiss Francs per hour, up to three hours.

2. Additionally, a remuneration ranging from 200 to 1,400 Swiss Francs shall be granted for the drafting of the report or the judgment.

3. The Cantonal Court or the Office of the Public Prosecutor shall determine the compensation for substitution or auxiliary services.

4. If a court clerk appointed by the Cantonal Court serves as a Substitute Judge or Assessor, an annual flat-rate compensation of 4,000 Swiss Francs shall be awarded. Taking into account the judicial tasks entrusted to a court clerk, the Cantonal Court may grant higher compensation, provided that it does not exceed the salary of a Cantonal Court Clerk I, including the basic salary.

1. The Cantonal Court determines the salary of the temporary court clerks based on their skills and experience, provided that it does not exceed the salary grade of a Court Clerk I at the Cantonal Court.

1. Lawyers who complete an internship of at least six months in a court or in an office of the public prosecutor shall receive a monthly compensation of at least 1,500 francs and at most 3,400 francs. At the Cantonal Court, the maximum is 5,400 francs.

2. The amount of the monthly compensation is determined

a) by the Cantonal Court, possibly on the recommendation of the Dean of the Court of First Instance;

b) by the Attorney General, possibly on the recommendation of the Chief Public Prosecutor.

1. The judicial authorities, court clerks, and representatives of the public prosecutor's office shall receive the same travel allowances as the personnel of the cantonal administration.

1. Travel expenses are paid by the state treasury based on a monthly expense report.

2. The expense report must be submitted in duplicate to

a) the Cantonal Court for all courts;

b) the Attorney General for all offices of the public prosecutor.

1. The annual salary is paid in twelve monthly installments. Additionally, a 13th monthly salary, equivalent to one month's salary, is paid in December.

2. The salaries stipulated in the present law correspond to 103.6 points of the Swiss National Consumer Price Index as of January 1, 2010.

3. The compensations provided for in Articles 3 paragraphs 6, 8, 9, and 11 are adjusted to the Swiss National Consumer Price Index whenever it increases by 5 points (Base Index 2010: 103.6).

4. The judicial authorities, court clerks, and representatives of the public prosecutor’s office receive, in addition to the base salary, social and cost-of-living allowances as well as salary claims in case of illness in accordance with the provisions applicable to the staff of the cantonal administration.

5. For court clerks, the provisions concerning state personnel regarding initial stages, reduction of employment percentage, capital payment, and granting of additional days off are applicable mutatis mutandis.

1. Subject to paragraph 2, all full-time or part-time appointed magistrates of the judicial authorities and representatives of the public prosecutor's offices, who are compensated under the system of a fixed annual salary, remain subject to this law even after its entry into force.

2. From the entry into force of this law, the following receive

a) the Attorney General the annual salary of a Cantonal Judge;

b) the Dean of a first-instance court, the Deputy Attorney General, and the Senior Prosecutors the annual fixed compensations established in this law.

3. The salary of court clerks I of the Cantonal Court holding office before the entry into force of this law shall be governed by the previous provisions.

4. The compensation for on-call duty as defined in Article 3 paragraph 6 shall not be paid to magistrates whose standard retirement age remains 60 years.

1. The Law on the Professional Provisions for the Magistrates of the Executive, Judiciary, and Public Prosecution dated June 23, 1999, is amended.

2. The Law on State Pension Institutions dated October 1, 2006, is amended.

1. For the incumbent juvenile judges who have reached the age of 55 at the time this law comes into effect, as well as for the incumbent investigating judges who have reached the age of 55 at the time of the aforementioned enactment, and for magistrates of the public prosecutor’s office, criminal and enforcement courts, or coercive measures courts, the standard retirement age remains at 60 years.

2. For judicial authorities and representatives of the public prosecutor’s office who are compensated under the system of a lump-sum annual salary, the following contributions for occupational pensions are established

a) standard retirement age of 62 years: 11.1 percent employer contributions and 8.4 percent employee contributions;

b) standard retirement age of 60 years: 12.7 percent employer contributions and 9.4 percent employee contributions.

1. Subject to the transitional provisions, all provisions that conflict with the present law, in particular the law concerning the salary of the judicial authorities dated May 28, 1980, are repealed.

2. The present law is subject to an optional referendum.

3. The State Council determines the time of its entry into force.