Regulations of the Judicial Council (RCDM) - Bodies (RJR)

1. The bodies of the Judicial Council (hereinafter: the Council) are the General Council, the Presidium, the Vice-Presidium, and the Committees.

2. The Council has three standing committees: the Committee for Administrative Supervision, the Committee for Disciplinary Supervision, and the Election Committee. The General Council may establish additional committees to examine specific issues.

3. Each committee appoints its presidium. This presidium signs the documents of the committee.

4. The Council Presidium may attend committee meetings.

1. The Council has the following powers

a) it exercises administrative supervision over the courts and the public prosecutor's office;

b) it resolves to conduct inspections by sending delegations and determines the composition of the delegations;

c) it reviews the reports of the courts and the public prosecutor's office;

d) it decides whether to open an administrative investigation and issues resulting decisions;

e) it issues general guidelines, gives instructions, and takes all necessary measures to improve the organization and functioning of the judicial authorities and the public prosecutor's office or to simplify the exercise of administrative supervision;

f) it submits proposals to the Grand Council to improve the organization and functioning of the judiciary.

1. The General Council has the following powers

a) it orders the initiation of a disciplinary investigation;

b) it conducts a public hearing if requested by the magistrate against whom a disciplinary investigation is ongoing;

c) it imposes all disciplinary penalties for which the Grand Council is not responsible;

d) it proposes the disciplinary removal of a judge or prosecutor elected by the Grand Council.

1. The General Council has the following powers

a) it interviews candidates applying for election as a judge or prosecutor by the Grand Council;

b) it adopts a report for the attention of the Judicial Commission.

1. The General Council has the following specific powers

a) It appoints the members of the Secretariat;

b) It approves the budget and the annual accounts;

c) It decides to delegate the investigation of cases and the preparation of decisions to one or more of its members;

d) It decides to organize exchanges of views with the Judicial Commission or other institutions concerning current issues related to judicial authorities;

e) It adopts its activity report and any supplementary reports for the attention of the General Council;

f) It gives its opinion on draft laws concerning the organization and functioning of the judiciary;

g) It decides to publicly express its opinions on matters that fall within its jurisdiction;

h) It carries out any task assigned to the Council by legislation that has not been delegated to one of its organs.

1. The Presidium has the following powers

a) it convenes the meetings of the Full Council, proposes the agenda, and conducts the deliberations;

b) it handles current business;

c) it prepares the Council's reports to the Grand Council;

d) it is present during the examination of the Council's reports by the Judiciary Commission;

e) it participates in an advisory capacity in the proceedings of all investigative commissions set up by the Grand Council due to serious incidents in the judiciary;

f) it represents the Council;

g) it informs the public about the activities of the Council;

h) it drafts the preliminary budget and the annual financial statement;

i) it supervises the operation of the Secretariat and approves the expense lists of the Council members;

j) it performs the other tasks assigned to it by legislation.

2. The Presidium signs the documents of the Full Council.

3. In urgent cases, the Presidium takes the necessary measures and reports to the Full Council on these actions.

1. The Vice Presidency represents the Presidency and participates in the fulfillment of its duties.

1. The Commission for Administrative Oversight prepares the inspections of courts and public prosecutor's offices. The results of the inspections are recorded in a report.

2. It takes note of the reports from the courts and the public prosecutor's office, as well as communications regarding their organization and functioning, which are addressed to the council. After gathering all relevant information, it submits proposals on further actions to the full council.

3. It generally conducts administrative investigations and reports to the full council.

4. It drafts guidelines, instructions, and other measures.

1. The Commission for Disciplinary Supervision takes note of the reports addressed to the Council. After gathering all relevant information, it submits proposals to the General Council regarding further action.

2. It is generally responsible for the instruction of disciplinary proceedings and for reporting on these matters to the General Council.

1. The Electoral Commission organizes the job advertisements for the judge or prosecutor positions to be filled by election of the Grand Council and examines whether the candidates meet the eligibility requirements.

1. The legislation concerning the personnel of the State of Valais shall apply mutatis mutandis to the secretariat staff.

1. The jurists have the following authorities

a) They assist the presidency and the commissions in fulfilling their duties;

b) They sign specific documents based on a delegation by the presidency;

c) They keep the minutes of the full council and commission meetings, prepare decision proposals, and draft the resolutions;

d) They participate in the instruction of administrative and disciplinary proceedings;

e) They manage the secretariat based on a delegation.

1. The administrative staff performs the tasks assigned to it by the General Council, the Presidency, or the Commissions, particularly in the areas of writing and correspondence, accounting, preparation of meeting documents, updating the website, and archiving.

1. Communication between members of the council is primarily conducted via email.

1. The General Council shall convene as needed, typically once a month, or at the request of three members.

2. Each member shall attend the meetings for which they have been duly summoned. If a member is wholly or partially unable to attend a meeting, they shall promptly inform the Presidency.

1. The notice of meeting shall be sent at least five days prior to the date of the session. Urgent cases are reserved.

2. The notice of meeting shall specify the date, time, location, and the agenda of the session. The necessary documents shall be enclosed with the notice or made available in accordance with the information provided therein.

3. A matter that is not listed on the agenda can only be addressed if all members are present and agree to consider that particular item of business.

1. The presiding body determines the order in which the members are granted the floor. As a rule, it speaks last and summarizes the expressed opinions if necessary.

1. A record is kept of each meeting. This record states the location, date, and duration of the meeting, the attendees, the matters discussed, the motions voted on, the resolutions, and the voting results.

2. A member may request that the record also give a brief account of the deliberations.

3. The record is made available to the members before the next meeting. It is approved at the beginning of that meeting, possibly after correction.

4. The record is signed by the person who drafted it and by the chairperson.

5. Council members have access to the records at all times.

1. Articles 14 to 18 apply mutatis mutandis to the commissions.

1. The Council addresses all matters that fall within its jurisdiction

a) when it is required to act by law;

b) based on written communications directed to it by authorities or individuals;

c) when the full Council decides to do so, upon the request of one or more members.

2. The Executive Office returns incomprehensible, inappropriate, or offensive communications to their senders.

3. The Executive Office acknowledges receipt of other communications. It handles those that fall within its jurisdiction and forwards others to the Council body it deems competent.

4. If there is no overriding public or private interest to the contrary, the applicant's request to keep their identity confidential will be honored.

1. Upon receiving a communication relating to the organization and operation of the judiciary in general, a court, a public prosecution office, or, outside of a disciplinary complaint, concerning a magistrate or a specific case, the Commission for Administrative Oversight gathers the necessary information and proposes the subsequent course of action to the full council.

2. If it is clear from the outset that the council does not have jurisdiction, the Commission for Administrative Oversight proposes to the full council to decline to proceed.

1. If the General Council decides to initiate an investigation, the Commission for Administrative Oversight sets a deadline for the concerned judicial authorities and/or magistrates as well as the Presidency of the Cantonal Court and/or the Attorney General to provide their comments.

2. The General Council decides whether a court or an office of the public prosecutor should be inspected. The Commission for Administrative Oversight determines the further investigative actions. It may delegate the conduct of investigative actions to individual members.

3. The Commission for Administrative Oversight drafts a final report for the General Council, if necessary, after setting a deadline for the concerned judicial authorities and/or magistrates as well as the Presidency of the Cantonal Court and/or the Attorney General to comment on the results of the investigation.

1. The Commission for Administrative Oversight informs the affected judicial authorities and/or magistrates, the presidium of the cantonal court and/or the Attorney General, as well as, if applicable, the author of the communication, about the further progress of the proceedings.

2. If an investigation is initiated, the full council decides who should be informed about the results and in what form.

1. The Commission for Administrative Supervision proposes to the Executive Council which courts and/or offices of the Public Prosecutor's Office should be inspected by sending delegations, as well as the subject matter of the inspection.

1. Upon the request of the Commission for Administrative Oversight, the General Council shall draft a directive concerning the procedure for inspections.

1. A record of the inspections shall be kept. The record shall be presented to the inspected authority and a deadline shall be set for it to make any possible comments.

2. The Commission for Administrative Supervision shall prepare a report on the inspections for the attention of the full council.

1. The Commission for Disciplinary Oversight examines notifications directed to the Council against a judge or prosecutor.

2. If it considers a notification to be inadmissible or manifestly unfounded from the outset, it proposes to the full council not to proceed with it or to refrain from initiating an investigation, without informing the magistrate involved in advance.

3. In all other cases, the Commission for Disciplinary Oversight serves the notification to the concerned magistrate, who may respond within a period of 30 days.

4. After the expiration of this period, the Commission for Disciplinary Oversight gathers all relevant information and proposes further action to the full council.

1. In urgent cases, the Commission may

a) shorten the deadline for submitting comments;

b) obtain the necessary information and/or take the necessary measures to secure evidence, without waiting for the deadline to expire;

c) propose provisional measures to the Council as a whole, without waiting for the deadline to expire.

1. At least one member of the Disciplinary Oversight Commission must be proficient in the official language of the reported magistrate.

2. The Disciplinary Oversight Commission shall hear the reported magistrate at least once orally. It may delegate other investigative actions to its members.

3. The Disciplinary Oversight Commission issues procedural decisions and drafts a report for the attention of the full council.

4. If the reported magistrate requests a public hearing, it shall take place after the submission of the report by the Disciplinary Oversight Commission.

1. The Commission for Disciplinary Supervision informs

a) the person who filed the report, upon request, about the outcome of their report;

b) the reported magistrate about the initiation of a disciplinary investigation, non-initiation, or the decision not to initiate an investigation.

2. The General Council, the Presidency, and the Commission for Disciplinary Supervision communicate to the reported magistrate the decisions made since the initiation of the investigation, as well as decisions on provisional measures prior to the initiation of the investigation.

1. Upon learning that a judge or prosecutor elected by the Grand Council is resigning from office, the Election Commission shall take all necessary measures to fill this position anew, preferably without a vacancy.

1. The Presidium confirms the receipt of the application documents and forwards them to the Election Commission.

2. The Election Commission examines the application documents for completeness and may set a brief deadline for the applicants to complete them, indicating that failure to submit these documents will result in the application not being considered.

3. The Election Commission verifies whether the eligibility requirements according to the RPflG are met, whether the applications meet the RPflG requirements for representative representation, and drafts a report for the entirety of the council.

1. By signing the form regarding vested interests, the members of the council acknowledge that they have disclosed all their interests. The full council decides on the ambiguous disclosure of vested interests.

1. From the register of interests of Council members, the following are disclosed

a) their main and secondary occupation(s), as well as their employer(s), if applicable;

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

c) the roles they perform in commissions or other bodies of the Confederation, a canton, a municipality, or within the framework of inter-cantonal or inter-municipal cooperation;

d) their political affiliation.

2. Any changes shall be reported as soon as they occur.

1. Orders, protocols, reports, guidelines, recommendations, opinions, annual accounts, and registers of interests are archived in accordance with the principles of the state archive for document management.

2. All other documents are generally destroyed after 10 years.