Ordinance on the Organization of the High Court

1 The High Court fulfills its functions as a collective authority,

through the Civil and Criminal Chambers, through the Commercial Court, through

the Coercive Measures Court and through the Administrative Commission

and through the Appeals Commission.

2 In addition, judicial administrative matters of the High Court are

transferred by this ordinance to the High Court Presidency, the General

Secretariat, the Notary Inspectorate, its extended management,

the Notaries, the Debt Enforcement Inspectorate, the Library

Commission, and the District Courts.

B. The High Court as a Collective Authority (Collective Court)

The High Court constitutes itself after each complete renewal for the remainder of the calendar year and then at the end of each year for the following year; in the last year of an electoral term, until its expiry.

The Plenary Court, upon its constitution, elects for the same term

a. the President of the High Court,

b. the First Vice-President of the High Court and the further Vice-Presidents required to chair the Civil and Criminal Chambers,

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c. the President and the Vice-President of the Commercial Court,

d. one member as the Coercive Measures Court and their substitute,

e. one member each from the Civil and Criminal Chambers for the formation of the adjudicating body pursuant to § 38a para. 2 lit. a VRG2,

f. the President of the Library Commission.

1. The Full Court, upon its constitution, decides on the allocation of its members to the chambers and commissions of the High Court, as well as to the Commercial Court.

2. The members and employees of the High Court are entitled and, if ordered, obliged to participate in other chambers, at the Commercial Court, and at the Compulsory Measures Court. If necessary, the President of the High Court shall issue the corresponding orders.

1 The Full Court, upon its constitution, shall determine the

distribution of business and tasks among the divisions, insofar as they

are not already established by superior law or in this Ordinance.

2 If the handling of similar cases has been assigned to several civil or

criminal divisions concurrently, and they cannot agree on the allocation

in a specific case, the President of the High Court shall decide. If he or she belongs to

one of the involved divisions, the First Vice-President or

another member of the Administrative Commission shall decide.

3 If a dispute concerns the domain of different divisions or the Administrative Commission, or if several matters falling within the domain of different divisions are closely connected by their nature, a single division or the Administrative Commission may be declared competent to handle them. The

allocation shall be made by agreement between the chairpersons of the divisions concerned, or, if necessary, by the Administrative Commission.

1 The Plenary Court is furthermore responsible for the following elections

a. the members of the Plenary Committee of the Courts,

b. the presidents, members, and substitutes of the commissions for examining candidates for the bar and for notary public,

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c. the president and the other members and substitutes to be designated by the High Court for the Supervisory Commission for Lawyers.

2 The Plenary Court exercises the right of proposal to the Cantonal Council for the election of half of the substitute members.

3 The Plenary Court furthermore proposes to the Government Council a member for the administrative commission of the insurance fund for state personnel.13

1 The Plenary Court is responsible for approving the following appointments proposed by the Administrative Commission

a. the Secretary-General of the High Court and a maximum of two deputies,

b. the Chief Court Clerks of the chambers and the Commercial Court,

c. the Notary Inspectors and their deputies,

d. the Debt Enforcement Inspector and their deputies.

2 The other powers of the appointing authority, with the exception of lit. a, c, and d, for which the President of the High Court is responsible, shall be exercised by the Secretary-General. Excluded from this are promotion and dismissal, which fall within the competence of the Administrative Commission.

The Full Court is then responsible for the following matters and tasks

a. Enactment of ordinances,

b. Adoption of the statement of accounts and the budgets for the

High Court, the District Courts and the Notarial System, as well

as approval of the annual financial statements,

c. Decision-making in communication with the Cantonal Council and the Government

Council as collective authorities,

d. Supervision of the Chambers of the High Court, the Commercial Court

as well as the Compulsory Measures Court and the affiliated commissions,

e. Leave requests from members of the High Court for more than

three months, unless they are submitted due to illness or accident,

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f. Handling of inquiries and suggestions from members of the

High Court,

g. Judicial administration matters referred to the Full Court by the

Administrative Commission,

h. Determination of the number of full-time and part-time members and

the degrees of employment for part-time positions at the District Courts,

i. Partial dismissal of members of the District Courts,

k. Submitting an opinion to the Cantonal Council on the determination of the

percentage of positions for full-time and part-time members of the High Court

and on the partial dismissal of members of the High Court,

l. Approval of the Administrative Commission's regulations on

the delegation of competences and the disposal of approved

credits.

14 1 The Full Court shall hold sessions as often as business requires.

The President of the Higher Court shall preside, or in their absence, the

First Vice-President, and in their absence, the members of the

Administrative Commission and the other Vice-Presidents, in order of

their seniority.

2 Elections shall be held by secret ballot if the number of candidates

exceeds the number of offices to be filled.

3 Votes shall be taken openly. One quarter of the members present

may demand a secret ballot.

4 In the event of a tie

a. in the case of a secret election, after the last ballot, the lot shall

decide;

b. in the case of a secret vote, the matter shall be deemed rejected.

C. The Civil and Criminal Chambers

To handle the tasks assigned to the Superior Court as a civil court and as a criminal court, the necessary number of civil and criminal chambers shall be formed.

The jurisdiction to deal with appeals against decisions of district courts and district councils as first-instance supervisory authorities is determined by the constituting resolution.

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The Vice-Presidents preside over the civil and criminal chambers; in their absence, another member of the High Court presides.

The Civil and Criminal Chambers shall inform the Administrative Commission of any observations, particularly concerning denials of justice and delays in justice, which may be relevant to its supervisory activities.

D. The Commercial Court

The Commercial Court is presided over by its President or Vice-President, or, in their absence, by another member of the High Court assigned to the Commercial Court.

E. The Administrative Commission

The Administrative Commission is composed of five members of the High Court. The President of the High Court and the First Vice-President are ex officio members. Five additional members of the High Court are elected as substitutes. If necessary, the Chair may also involve other members of the High Court as extraordinary substitutes.

1 The Administrative Commission shall be composed of five mem-

bers for the handling of individual matters. It shall exceptionally be

quorate when four members are present. Matters decided by circular

are exempt from this rule.

2 By unanimous decision, the Administrative Commission may dis-

pose of matters by circular resolution.

3 The Administrative Commission shall decide matters of judicial

administrative jurisdiction with three members.

Further members of the High Court and employees of the judiciary may be invited to the meetings of the Administrative Commission in an advisory capacity.

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Regulation on the Organization of the High Court

¹ The Administrative Commission is responsible for

a. jurisprudence in judicial administration matters,

b. the assessment of complaints against judicial administrative acts

and decrees of the Administrative Court in accordance with § 43 para. 2 lit. a and b

VRG²,

c. the issuance of circulars and regulations,

d. decisions on general strategies and concepts,

e. decisions on overall structural planning,

f. participation in legislative proposals,

g. the approval of the rules of procedure of the district courts,

h. the issuance of a regulation on the delegation of powers

and the allocation of approved credits,

i. the issuance of the house rules;

j. personnel decisions

1. regarding the staffing plans of the High Court as well as the District

Courts and the notarial system,

2. regarding the full-time or part-time employment of substitute members

of the High Court,

3. regarding the election and full-time or part-time employment of

substitute members of the District Courts,

4. regarding the appointment and dismissal of heads of departments

of the High Court upon application by the Secretary General as well as the promotion and dismissal

of persons employed by the full High Court,

5. regarding the promotion and approval of secondary activities

of members of the District Courts as well as notaries,

6. regarding the provisional suspension from office of members or substitute

members of the District Courts,

7. regarding the summary dismissal of members or substitute

members of the District Courts;

k. supervision

1. over the District Courts,

2. over the notarial system,

3. over the debt collection system,

4. over the Parity Conciliation Authority for disputes

under the Gender Equality Act¹⁰;

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l. the election

1. of the members of the Examination Commission for the debt enforcement

officers,

2. of the chairperson and their deputy as well as the

other members of the Parity Conciliation Authority for

disputes under the Gender Equality Act¹⁰,

3. of the chairperson of the Specialist Group for Interpreting Services,

4. of the members of the Specialist Commission for psychiatric and psychological

assessment in accordance with § 3 para. 1 lit. a, f, h and i

PPGV as well as (if necessary) the chairperson;

m. decisions in accordance with §§ 2, 3 para. 2, 7 and 8 of the Lawyers' Act,

n. decisions in accordance with §§ 7 para. 3, 8 and 9 of the Notaries' Act in conjunction

with §§ 32 para. 1, 33 and 34 of the Notarial Examination Ordinance⁷,

o. decisions in accordance with §§ 9 sentence 2, 10, 11, 30, 32 para. 2 and 35

of the Notarial Examination Ordinance⁷,

p. decisions assigned to it in accordance with the Notarial Administration Ordinance,

q. decisions on subsequent requests for deferment and waiver

of procedural costs,

r. proposals to the Cantonal Council regarding the number of lay judges

of the Labour Courts and Rental Courts,

s.

other matters referred to it by the President of the High Court for

resolution.

² Where the High Court is entrusted with the duties of a second cantonal supervisory

authority, the Administrative Commission monitors the general management of the subordinate authorities; it has the right to issue directives and disciplinary power.

³ The Administrative Commission is responsible for preparing all matters to be dealt with by the full court, with the right to make proposals.

F. Appeals Commission

1 Decisions of first instance taken by the Administrative Commission within the scope of its competence may be appealed to the Appeals Commission.

2 The Appeals Commission acts in place of the Administrative Commission as the appellate body if the Administrative Commission has provided advice or instructions to the lower instance in the individual case.

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3 In personnel matters, the right to appeal to the Administrative Court in accordance with the Administrative Justice Act2 remains reserved.

4 The Appeals Commission shall be composed of the five most senior members of the High Court who are not members or substitute members of the Administrative Commission.

G. The Presidency of the High Court

1 The President of the High Court (Obergerichtspräsident or Obergerichtspräsidentin) manages the affairs of the entire court and the Administrative Commission.

2 The President of the High Court is responsible for judicial administrative matters, unless these are reserved for the Secretary-General (Generalsekretär or Generalsekretärin) or other authorities and bodies of the High Court, or have been delegated by the Regulations on the Delegation of Competencies and the Disposal of Approved Credits. In this capacity, he or she is supported by the Secretary-General and their deputy.

3 He or she represents the High Court externally, in written correspondence and otherwise, where feasible, together with the Secretary-General.

4 He or she is represented in matters of judicial administration by the First Vice-President.

H. The General Secretariat and the Court Clerks (Gerichtsschreiber and Gerichtsschreiberinnen) at the High Court

1 The General Secretariat is the staff unit of the Plenary Court, the Administrative Commission, and the President, responsible for personnel, organizational, administrative, and financial matters. It simultaneously serves as the management and supervisory body for the services provided by the departments of the General Secretariat.

2 It is particularly responsible for

a. the preparation of budgets and the control of financial affairs,

b. personnel decisions according to personnel law, insofar as these are not expressly reserved for other authorities or bodies by this ordinance or other enactments,

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c. the implementation of decisions made by the Plenary Court and the Administrative Commission.

1 The Secretary-General shall belong to the Plenary Court and the Administrative Commission as a minute-taker with a consultative vote.

2 He or she shall prepare the business of the Administrative Commission, insofar as it is not assigned to other case handlers, and shall generally make proposals.

1 The Deputy shall be responsible for representation in all functions and for supporting the Secretary-General in the performance of their duties.

2 The Secretary-General may call upon court clerks to handle individual matters.

The Head Court Clerks and the Court Clerks of the Divisions and the Commercial Court exercise the functions of judgment editors, motion filers in the Civil and Criminal Divisions, at the Commercial Court, at the Compulsory Measures Court, and at the commissions of the High Court.

I. Notary Inspectorate and Extended Management Board

1 To exercise supervision over the notariats, land registries and bankruptcy offices, as well as over the ship registry office, and to handle administrative matters in the notary system, the Notary Inspectorate, with its expanded management board – in which notaries are also represented – is assigned to the Administrative Commission. The Notary Inspectorate is responsible for the direct supervision of the notariats and, partly in cooperation with the expanded management board, for the administration of the notary system, insofar as this is not reserved for the full court or the Administrative Commission.

2 Further details are regulated by the Ordinance of the High Court of the Canton of Zurich on Notary Administration (Notary Administration Ordinance)8.

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K. Debt Enforcement Inspectorate

¹ To exercise supervision over the debt enforcement, communal bailiff, and cattle registration offices, the Debt Enforcement Inspectorate is assigned to the Administrative Commission of the High Court; it is responsible for the direct supervision of the debt enforcement and communal bailiff offices, in particular through regular inspections, the organization of office handovers, the provision of assistance in the execution of official business, and the provision of information to officials and public authorities.

² Further details are regulated by the Ordinance on Debt Enforcement and Communal Bailiff Offices (VBG)⁹.

L. The Library Commission

¹ The Library Commission consists of at least three members as well as the Secretary-General or a deputy thereof. The Library Commission supervises the library of the High Court and decides on the acquisition of books and journals, as well as the necessary materials.

² It submits a request for the amount to be included in the budget for acquisitions.

³ It issues a set of usage regulations in agreement with the Administrative Commission.

M. The District Courts

The High Court delegates the following judicial administration matters to the District Courts for independent management

a. Disposal of the credits approved for the District Court within the framework of the guidelines of the Administrative Commission with the budget or with the contracts, with the exception of the procurement of IT resources,

b. Determination, amendment, and processing of the staffing plan for the administrative and legal chancery staff within the guidelines set by the Administrative Commission.

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1. The District Courts are the appointing authority according to § 17

para. 1 GOG3.

2. The Administrative Commission may transfer further human resources

competencies to them.

N. Provisions for the Procedure

The presidents of the chambers and of the Commercial Court determine the composition of the court.

1 The management of proceedings in civil cases is incumbent upon the

President of the Chamber or the Commercial Court. It may be delegated to another

member of the High Court assigned to the Chamber or the Commercial Court.

2 Decisions on provisional measures (except in cases of particular

urgency), the granting and withdrawal of free legal aid, and the issuance of

orders concerning evidence are reserved to the college of the Chamber or the Commercial Court.

O. Handling of Recusal Requests

The Administrative Commission decides on contested recusals in accordance with Art. 50 ZPO11 in conjunction with § 127 lit. b and d GOG3

a. if members of the Parity Conciliation Authority for Disputes under the Gender Equality Act10 are affected,

b. if members or substitute members of the commissions affiliated with the High Court are affected.

P. Transitional Provision

The jurisdiction of the III Civil Chamber remains in the sense of the

The Ordinance on the Organization of the High Court of 22 June 2005 is simultaneously repealed.

1 OS 65, 825; for justification, see ABI 2010, 2525.

2 LS 175.2.

3 LS 211.1.

4 LS 211.21.

5 LS 215.1.

6 LS 242.

7 LS 242.1.

8 LS 242.25.

9 LS 281.1.

10 SR 151.1.

11 SR 272.

12 SR 312.0.

13 Obsolete due to the independence of the BVK.

14 Version in accordance with decision of 27 October 2021 (OS 77, 84; ABI 2021-11-05). In force

since 1 March 2022.

12

and 405 of the Code of Civil Procedure11 and those of the jury court within the meaning

of Articles 449 and 450 of the Code of Criminal Procedure12 and § 210 of the Judiciary Act³ apply.

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Q. Final Provision

Ordinance on the Organization of the High Court