Switzerland; Switzerland -- Politics and government -- 1815-
A judge, ordinary or assistant, cannot sit when his
relatives of blood, or by marriage in an ascending or descending line,
or collaterals up to and including cousin-german or brother-in-law, are
in any way interested in the case. A judge is similarly disqualified
from sitting, when the affairs of his wards are under consideration,
or in a case in which he has taken any part personally as federal or
cantonal official, or judge, or arbitrator, or counsel; or in affairs
relating to an incorporated company of which he is a member; or when
his Commune or Canton of birth is a party; or when a suit is brought
against the executive or legislature of his Canton of birth. A judge
of either kind, ordinary or alternate, may be objected to by a party
to a suit, if the said judge is an enemy of or dependent on one of
the parties; or since the institution of the suit, as a member of the
court, has expressed his opinion on it; but the Federal Court as a
whole must be accepted by the parties. If by reason of such objections
there are not enough members to form a quorum, the chairman selects
by lot from among the presidents of the Supreme Cantonal Courts a
sufficient number of “extraordinary assistant judges,” _pro hac vice_.
The act designates three thousand francs as the minimum amount for
“degree of importance” to give jurisdiction in cases where a money
value must be fixed by federal legislation.
All members and officials of the court must be bound by oath to fulfil
the duties of their respective offices; the oath to be administered
to the judges in the presence of the Federal Assembly. This oath may
be taken by a “_Handgelübde_,” or raising of the hand, in the case of
persons objecting on conscientious grounds to take an oath. The court
is to sit and give judgment in public; this does not apply to the
juries or to preliminary inquiries. The president settles the order
of business and maintains order in court; being empowered to imprison
disobedient persons for twenty-four hours; and in extreme cases to
fine up to a hundred francs and to imprison up to twenty days. Every
year the court must submit an account of the business transacted by
it to the Federal Assembly, which has a right to criticise any act of
the court, but can alter only by a federal law any of its decisions
of which it may disapprove. The officials of the court have the right
of transacting in any Canton, without asking leave of the cantonal
authorities, all business which falls within their jurisdiction. Each
judge is permitted to deliver opinions in his own dialect. Another
federal law regulates with great detail the costs of the court,
which are defrayed out of the federal treasury, and likewise the
fees which are to be paid by parties to the suits. In the exercise
of the criminal jurisdiction the court goes on a circuit. For this
purpose the Confederation is divided into five assize districts. One
of these districts embraces French Switzerland; a second, Bern and
Public-domain text, read in full here on John Shaqi.
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