Act on the Judicial Council (LCDM) - Subject Matter of the Act (GJR)

1. The purpose of this Act is to establish the following

a) the composition of the Judicial Council and the designation of its members;

b) the organization of the Judicial Council;

c) the administrative supervision exercised by the Judicial Council;

d) the disciplinary supervision exercised by the Judicial Council;

e) the appeal process against disciplinary decisions;

f) the relations of the Judicial Council with the Grand Council, the judicial authorities, and the public prosecutor's office;

g) the participation of the Judicial Council in judicial elections.

1. The Judicial Council is the supervisory body

a) of the cantonal judicial authorities according to the Law on Judicial Administration (RPflG);

b) of the magistrates of the public prosecution.

2. In the exercise of its duties, it respects the principle of independence of judges, deputy judges, lay assessors, prosecutors, substitutes, as well as extraordinary judges and prosecutors.

3. The council is independent from the legislative, executive, and judicial powers.

4. The overall supervision by the Grand Council is reserved.

1. The provisions of cantonal legislation remain reserved for

a) The administrative direction, internal organization, and leadership of the courts and prosecutor's offices;

b) Supervision of court clerks and administrative staff of the courts and the prosecutor's office;

c) Financial control of the management and financial budget of the courts and prosecutorial offices.

1. The Judicial Council consists of 9 members, of which 3 are ex officio members and 6 are members elected by the Grand Council.

1. Ex officio members are

a) a member of the Public Prosecutor's Office, designated by it;

b) a member of the Board of the Valais Bar Association, designated by it;

c) a member of the Administrative Commission of the Cantonal Court, designated by it.

1. In the session following the constituent session, the Grand Council elects for a term of office of 4 years (mandate renewable twice)

a) a lawyer, on the proposal of the board of the Valais Bar Association;

b) a first instance judge, on the proposal of the conference of first instance judges;

c) a public prosecutor, on the proposal of the office of the public prosecutor;

d) a member of the Grand Council, who is not a member of the Judicial Commission, on the proposal of the bureau;

e) two members with expertise, on the proposal of the Council of State, after consulting the Judicial Council regarding the competencies sought. These members may neither belong to a public state institution nor be registered in a cantonal bar register or a public list of lawyers.

2. Within the framework of the election procedure, the Grand Council has a right of veto; however, it may not introduce counterproposals.

3. The members assume their office on the 1st of the month following their election.

1. If a quorum cannot be reached due to the prevention or recusal of several members (Art. 14 para. 1), the Grand Council shall elect one or more extraordinary members upon the proposal of the Judicial Commission.

1. Subject to the following provisions, the Judicial Council shall establish its organization and functioning as well as the organization and management of the archives in regulations.

1. The Judicial Council appoints the President and the Vice President from among its members for a term of 2 years. They may be confirmed in their position once.

2. The President of the Cantonal Court and the Attorney General may not serve as President or Vice President of the Judicial Council.

1. The members of the Judicial Council must take an oath or solemn pledge to faithfully fulfill their duties before assuming office. They administer the oath or solemn pledge before the Grand Council. The wording of the oath and the solemn pledge is recorded in the regulations of the Grand Council.

2. The members of the Judicial Council are obligated to maintain confidentiality regarding facts that come to their knowledge in the course of their official duties. The Judicial Council is considered the superior authority responsible for releasing its members from the duty of confidentiality.

3. Upon taking office and whenever changes occur, the members of the Judicial Council must disclose any conflicts of interest as defined in the organizational regulations. The President of the Judicial Council creates a publicly accessible register with the disclosed information and publishes it on the official website of the Judicial Council.

1. The President of the Judicial Council receives an annual flat fee of 3,000 francs.

2. The judges and prosecutors do not receive any official compensation. They are entitled to a discharge from their duties. The modalities of their discharge are determined by the Cantonal Court or the Public Prosecutor's Office, respectively.

3. The other members receive the same official compensation as that granted to the Members of the Grand Council per day, half-day, or hour.

4. The travel allowances for the President and the members of the Judicial Council are identical to those granted to the Members of the Grand Council.

1. The provisions of the Act on Administrative Procedure and Administrative Justice (VVRG) concerning disqualification apply analogously to the members of the Judicial Council.

1. The Judicial Council is based in Sion.

1. The Judicial Council is quorate when the majority of its members are present.

2. It makes its decisions with the majority of those voting.

3. In the event of a tie, the President's vote is decisive.

4. The sessions of the Judicial Council are held excluding the public. However, in disciplinary proceedings, the accused magistrate retains the right to expressly and irrevocably request the proceedings to be held in public.

1. The Judicial Council may delegate the instruction of proceedings and the preparation of decisions to one or more of its members.

1. The Judicial Council has its own secretariat, which is composed of legal professionals or administrative staff.

1. On the proposal of the President, the Judicial Council adopts its annual activity report as well as any supplementary reports.

2. It determines the format of the report and the scope of the publication.

1. The Judicial Council informs the public about its activities.

2. It may, in particular, publicly express itself on matters that fall within its jurisdiction.

**1. The Organization and Functioning of Judicial Authorities and Public Prosecutor's Offices are Subject to Administrative Supervision by the Judicial Council.**

2. The following are excluded from administrative supervision

a) the application of procedural and substantive law in the handling of court files;

b) budget management.

3. Administrative supervision shall ensure that

a) the responsibilities assigned to the judicial authorities and the public prosecutor's offices are performed in compliance with the law, efficiently, and economically;

b) judges and prosecutors perform their duties conscientiously, diligently, and rigorously.

4. Reserved is the supervision exercised by the Cantonal Court, the deans of the first-instance judicial authorities, the Attorney General, and the Chief Prosecutors over the internal organization of courts and public prosecutor’s offices, as provided in special legislation and in the instructions and guidelines of the Cantonal Court and the Attorney General.

1. The Judicial Council exercises administrative oversight ex officio and relies on the information it has gathered.

2. In particular, it must

a) review the reports from the judicial authorities and the public prosecution;

b) handle complaints against judges and prosecutors.

3. The judicial authorities and the public prosecution must provide the Judicial Council with all information and documents required for the exercise of administrative oversight. Official secrecy cannot be invoked against the Judicial Council.

4. If there is a matter which, in the opinion of the Judicial Council, could warrant a penalty, it initiates disciplinary proceedings. It informs the Cantonal Court and the public prosecutor's office thereof.

1. The Judicial Council may, in particular

a) order an investigation to clarify facts;

b) conduct an inspection of a court or a public prosecutor's office if it deems necessary;

c) issue general guidelines, give instructions, and take all necessary measures to improve the organization and operation of the judicial authorities and the public prosecution, or to simplify the exercise of administrative supervision;

d) submit proposals to the Grand Council for the improvement of the functioning of the judiciary.

1. The Judicial Council summarizes its activities in the area of administrative supervision in an annual activity report, which it submits to the Grand Council.

2. If the annual activity report contains information on the outcome of an investigation, the authorities and/or the affected individuals must have the opportunity to respond and may request that their statements be included in the report.

1. Disciplinary measures may be imposed on a judge, assessor, or public prosecutor who intentionally or negligently violates their official duties.

1. A disciplinary sanction can only be imposed following an investigation. The person concerned will be informed of the initiation of the proceedings.

2. The investigation is conducted by the President of the Judicial Council or by a member appointed by the Judicial Council, and official secrecy cannot be invoked against them.

3. The person concerned is given a hearing. At the end of the investigation, they may submit a legal brief and request a supplementary investigation.

4. The investigator subsequently submits their final report to the Judicial Council.

5. Otherwise, the Law on Administrative Procedure and Administrative Jurisdiction (VVRG) applies.

1. Disciplinary accountability is subject to a statute of limitations if no disciplinary proceedings have been initiated within 2 years of the breach of duty becoming known, and in any event, 5 years after the last breach of these duties.

2. The statute of limitations is interrupted during an appeal procedure concerning the disciplinary proceedings.

1. The following disciplinary sanctions may be imposed

a) written reprimand;

b) reduction of salary by up to one-third for a maximum of one year;

c) transfer to another or an equivalent or lower-ranked position with a salary corresponding to the new situation;

d) disciplinary dismissal.

2. The type of disciplinary sanction is determined, taking into account the previous conduct of the judge, associate judge, or public prosecutor, based on the severity of the breach of duty.

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

5. If the affected judge, associate judge, or public prosecutor submits their resignation, the competent authority may choose to forgo a disciplinary sanction and accept the resignation, if this is deemed the most appropriate solution considering all circumstances and various interests.

1. If the Judicial Council concludes at the end of its investigation that the facts warrant the disciplinary removal of a judge, assessor, or prosecutor elected by the Grand Council, it forwards the file to the Grand Council, which submits it to the Judicial Commission for an opinion.

2. The Judicial Commission examines the file, hears the person concerned, and makes a recommendation to the plenary session.

3. The deliberations are held in private, and the vote is conducted secretly.

4. The Grand Council may pronounce a disciplinary removal or waive a sanction if a resignation is submitted. If the disciplinary removal is rejected, the Grand Council returns the dossier to the Judicial Council for further action.

1. The Judicial Council is responsible for

a) imposing disciplinary sanctions that do not fall within the jurisdiction of the Grand Council;

b) refraining from imposing a disciplinary sanction as per Article 26, paragraph 3 or Article 26, paragraph 4.

1. If the allegations are sufficient to warrant a disciplinary dismissal, the Judicial Council may suspend the person concerned as a precautionary measure.

2. Furthermore, it may order a partial or complete cessation of salary payments.

3. During the suspension, the person concerned remains affiliated with insurance and pension schemes.

4. If the suspension proves to be unfounded, the person concerned shall be reinstated in their rights. Specifically, any loss of salary incurred shall be compensated. This is without prejudice to their claims for damages.

1. The Judicial Council shall report annually to the Grand Council on its activities in the area of disciplinary supervision, ensuring that the public does not learn the identity of the individuals concerned.

1. The Judicial Council informs the Cantonal Court or the Public Prosecutor's Office about the outcome of the disciplinary proceedings and ensures the enforcement of legally binding disciplinary penalties.

1. An appeal may be filed with the Appeals Commission against the following decisions

a) procedural decisions of the investigator;

b) decisions of the Judicial Council;

c) disciplinary dismissal imposed by the Grand Council.

1. The Appeals Commission consists of 3 members and 2 deputies, who are nominated by the Grand Council, elected for 4 years, and sworn in.

2. The following cannot be elected

a) Judges, assessors, and prosecutors serving in the canton;

b) Employees of the courts and the public prosecutor's office of the canton;

c) Current members of the Council of State and the Grand Council of the Canton of Valais.

3. Members and deputies must hold a lawyer's diploma. Holders of a licentiate, master's degree, doctorate in law, or an equivalent academic title are eligible if they can demonstrate sufficient practical experience.

4. The Appeals Commission sets out its organization and functioning in its regulations.

1. The President of the Appeals Commission may assign a legal clerk to handle a specific matter.

1. The members of the Appeals Commission and the legal clerk shall receive, in addition to travel expenses, the following compensations

a) 700 francs per day;

b) 350 francs per half day;

c) 80 francs per hour, up to 3 hours.

1. The procedure anchored in the Administrative Procedure Act (VVRG) applies to administrative court complaints to the Cantonal Court.

1. The Judicial Council submits its budget proposal to the Grand Council through the State Council.

2. In the event of disagreements between the State Council and the Judicial Council, the latter may directly approach the Grand Council through its president. The President of the Judicial Council may be authorized to participate in the meetings of the Grand Council with an advisory vote.

3. The annual financial statement is subject to the supervision of the cantonal finance inspectorate, insofar as it is required by the oversight of the Grand Council.

1. The Judicial Council presents its annual activity report to the Grand Council during the June session.

2. Additionally, it provides a report to the council whenever the situation demands it.

3. The Judiciary Committee reviews the reports addressed to the Grand Council by the Judicial Council. The President of the Judicial Council presents their report and answers the questions posed to them.

1. The provisions of the GORBG concerning the right to information in the context of relations between parliamentary committees and the State Council shall apply mutatis mutandis to the relations between the Judiciary Committee and the Judicial Council.

1. The provisions of the GORBG and the regulations of the Grand Council regarding the oversight of judicial authorities apply analogously to the oversight that the Grand Council exercises over the Judicial Council.

1. If the Grand Council appoints an investigative commission due to serious incidents in the administration of justice, the President of the Judicial Council may participate in the commission's deliberations with an advisory vote.

1. The Judicial Council may regularly exchange views with the Judicial Committee on current issues concerning the judicial authorities.

1. The Relations of the Judicial Council with the Judicial Authorities and the Public Prosecutor's Office are primarily governed by the provisions of this Act concerning administrative supervision, disciplinary oversight, and collaboration in judicial elections.

1. The annual activity reports of the court authorities and the public prosecutor's office shall be submitted to the Judicial Council following their acceptance.

2. Subject to the legal provisions which require the Cantonal Court and the Attorney General to direct these reports to the Grand Council through the State Council.

1. Before the Judicial Council issues general guidelines regarding the organization and functioning of the judicial authorities and the public prosecutor's office (Art. 21 lit. c) or submits proposals to the Grand Council for the improvement of the functioning of the judiciary (Art. 21 lit. d), it shall consult the Cantonal Court, the conference of first instance judicial authorities, or the public prosecutor's office.

1. The cantonal judges, assessors, and public prosecutors who are members of the office of the public prosecutor are elected by the Grand Council upon the proposal of the Justice Commission and based on a report from the Judicial Council. All candidatures duly submitted to the Judicial Council within the specified timeframe are eligible for election by the Grand Council.

1. Prior to an election, the Judicial Council advertises the vacant position in the official gazette and the major daily newspapers. It may also announce the position through other means.

2. The advertisement specifies that applications must be submitted to the Judicial Council within a period of 30 days.

3. In reviewing the applications, the Judicial Council undertakes the following tasks

a) it examines whether the eligibility requirements according to the RPflG, as well as the prerequisites regarding reputation and financial stability in relation to the office, are met;

b) it assesses the impact of each application on the requirement of representative representation according to the RPflG;

c) it evaluates the applications;

d) it hears the candidates who are shortlisted based on their dossiers; and

e) it submits its report to the Judicial Commission.

4. The Judicial Commission submits its recommendations to the Grand Council.