Ordinance of the Highest Cantonal Courts concerning Court Auditors

8 Persons who wish to work for their training at a court may be admitted as auditors at the District Courts, the Building Appeals Court and the Tax Appeals Court, exceptionally also at the High Court, the Administrative Court and the Social Security Court.

The admission as an Auditor or Auditorin requires

a. Legal capacity,

b. Good repute,

c. A completed law degree, primarily from Swiss universities, or otherwise sufficient legal knowledge of Swiss and Cantonal Zurich law, qualifying one to work for a legal firm,

d. Very good knowledge of the official language,

e.7 Proof of a mastery of the ten-finger system suitable for transcription (at the District Courts).

Applications for admission must be submitted in writing to the Presiding Judge, accompanied by a curriculum vitae, a certificate of capacity to act, an extract from the central criminal register, examination certificates, and any work certificates. The Presiding Judge may also request further documents.

1 The President of the Court decides on admission at his or her

discretion. He or she may also submit the application to the Court or

the Chancellery Commission for decision.

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211.23 Ordinance on Court Auditors

2 Non-admission to a District Court, the Building Appeals Court

and the Tax Appeals Court must be justified upon request of the applicant.8

8 The number of auditors and female auditors at the District Courts, the Building Appeals Court, and the Tax Appeals Court should, as a rule, not exceed and not significantly fall below that of the legal office staff.

8 The Head Court Clerk of the District Court and the Tax Appeals Court or the Head of the Chancellery of the Construction Appeals Court assigns the area of activity to the Auditor. He or she ensures an appropriate rotation so that the Auditor is introduced to as many branches of the judiciary as possible.

1 Legal office staff to whom auditors are assigned shall allocate work to them and be responsible for training within their area of work. They shall review the work submitted and arrange for its rectification. The presiding judge or the single judge shall have supervision.

2 The presiding judge or the single court shall have supervision.

1 The auditors shall devote their full working time to the court. They participate in meetings and contribute to the processing of cases under the responsibility of the legal clerks to whom they are subordinate.

2 They have neither the right to an advisory vote nor the authority to sign. In summary proceedings, settlement negotiations, and rapporteur hearings, the judge may assign auditors to keep minutes under his or her responsibility.

3 In summary proceedings, settlement and instruction hearings, the judge may assign auditors to keep minutes under his or her responsibility.8

1 The activity as an auditor generally lasts one year (net year). Absences due to holidays, vacation, accident, illness, military, civilian, or civil defense service and similar reasons are not counted. Part-time workloads are credited proportionally.

2 The first three months are considered a probationary period.

Ordinance on Court Auditors 211.23

3 The President of the Court is responsible for employment for the subsequent nine months.

4 The employment relationship may be extended by the President of the Court beyond one year if the auditor has proven capable of being employed as a court clerk, if the court requires his or her cooperation, and if such continued employment is compatible with the demand for training positions.8

1 During the probationary period, the notice period is seven days for both parties.

2 During the subsequent nine months, the employment relationship can be terminated at the end of the following month, and if the duration exceeds one year, at the end of the second following month.

3 The employment relationship can be terminated by either party immediately at any time for important reasons. The termination must be in writing and include a justification. The appointing authority is responsible for the termination.

4 The auditor, male or female, must complete protocols that they were required to keep, even after the termination of the employment relationship.

Upon departure, the auditor must be issued a certificate stating the duration of their activity. Upon request, the auditor must provide an assessment of performance and conduct.

1 During the three-month probationary period, auditors shall receive an initial salary corresponding to starting level 2 of salary grade 8, in accordance with Annex 2 to the Implementing Ordinance to the Personnel Act⁴.

2 The ordinary salary from the beginning of the fourth to the end of the twelfth month shall correspond to starting level 1 of salary grade 13, in accordance with Annex 2 to the Implementing Ordinance to the Personnel Act⁴, provided that the auditor’s performance significantly relieves the legal office staff.

3 In the case of an employment relationship lasting beyond the net year, within the meaning of § 9 para. 4, the salary shall correspond to salary level 1 of salary grade 13, in accordance with Annex 2 to the Implementing Ordinance to the Personnel Act⁴.8

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211.23 Ordinance on Court Auditors

4 The ordinary remuneration may be paid before the fourth month if the auditor has, after completing their studies, engaged in several months of legal activity at a law firm, a public prosecutor’s office, or an adequate position in administration or private industry, and simultaneously provides above-average relief to judges or court clerks.⁸

1. Wages constitute remuneration for the entire official activity.

2. Subject to reservation is the reimbursement of service-related expenses, which

is governed by the provisions of the Implementing Ordinance to the Personnel

Act.⁴

In other respects, the provisions of the Personnel Act², the Personnel Ordinance³ and the Implementing Ordinances to the Personnel Act⁴ apply *mutatis mutandis* to the employment relationship of the auditors.

⁸ The district courts, the Building Appeals Court, and the Tax Appeals Court may grant students of law and political science in higher semesters who are enrolled at a Swiss university insight into court practice and permit them to be present during deliberations, without any obligation to work or receive pay. The students are subject to official secrecy and must be expressly reminded of their duty of confidentiality; otherwise, however, they are not subject to this ordinance.

One copy each of these Regulations and the other personnel law enactments must be handed over to the auditors upon commencement of their activity.

nung über die Gerichtsauditoren vom 11. Dezember 1974 aufgehoben.

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Regulation on Court Auditors 211.23

Auditor Relations came into force on 1 September 2000.

1 OS 56, 155.

2 LS 177.10.

3 LS 177.11.

4 LS 177.111.

5 LS 211.1.

6 Version according to Decree of 11 June 2002 (OS 58, 143). In force since 1 August 2003.

7 Inserted by Decree of 14 September 2010 (OS 65, 716; ABI 2010, 2138). In

force since 1 January 2011.

8 Version according to Decree of 14 September 2010 (OS 65, 716; ABI 2010, 2138). In

force since 1 January 2011.

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