BELLINZONA, Switzerland — May 1, 2026 Swiss federal judges cannot be dismissed despite misconduct
A series of controversies involving Swiss federal judges has raised questions about accountability within the country’s highest courts, yet legal protections prevent their removal even in cases of serious misconduct.
Judicial Conduct Guidelines Ignite Debate
Since 2019, Switzerland’s Federal Supreme Court has operated under formalized “Judicial Customs” (*Gepflogenheiten der Richter und Richterinnen*), a code of conduct adopted by the full assembly of federal judges. These guidelines were intended to standardize ethical expectations, but recent incidents have tested their enforcement.
One notable case involved Martin Schubarth, a federal judge who in February 2003 spat at a journalist from the *Neue Zürcher Zeitung* (NZZ) during an encounter at the Federal Court in Lausanne. Schubarth had a strained relationship with the reporter, yet no disciplinary action was taken to remove him from the bench.
The lack of consequences for such behavior has drawn criticism, particularly as the guidelines explicitly address professional decorum. Legal experts note that while the customs outline expectations, they lack mechanisms for enforcing penalties beyond internal reprimands.
Bellinzona Scandal Exposes Systemic Issues
A broader crisis unfolded in 2023 when 14 judges from the Federal Supreme Court’s Appeals Chamber in Bellinzona were forced to recuse themselves amid doubts about their impartiality. The recusals stemmed from a 2020 criminal complaint filed by a female judge against members of the court’s Administrative Commission, alleging misconduct within the judicial leadership.