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Section 45 Independence and special duties of an honorary judge

(1) An honorary judge shall be independent to the same extent as a professional judge. He shall preserve the secrecy of deliberations (section 43).

(1a) No one may be restricted in assuming or exercising the office of honorary judge nor may he be placed at a disadvantage on account of assuming the exercise of such office. Employers shall release honorary judges from their work for the duration of their term of office. Termination of employment on account of assuming or exercising the office shall be inadmissible. Further-reaching Land regulations shall remain unaffected.

(2) Before performing his first official duty an honorary judge shall be sworn in by the presiding judge at a public sitting of the court. The oath shall remain in effect as long as he holds office, and in the event of renewed appointment also for the term of office immediately following. When taking the oath the swearer shall raise his right hand.

(3) An honorary judge shall take the oath by speaking the following words:

"I swear to carry out the duties of an honorary judge in conformity with the Basic Law of the Federal Republic of Germany and with the law, to adjudicate to the best of my knowledge and belief without distinction of person, and to serve the cause of truth and justice alone - so help me God."

The oath can be taken without use of the words "so help me God". The swearer shall be informed of this by the presiding judge before taking the oath.

(4) Where an honorary judge states that he does not wish to take an oath on grounds of faith or conscience he shall speak the following words:

"I pledge to carry out the duties of an honorary judge in conformity with the Basic Law of the Federal Republic of Germany and with the law, to adjudicate to the best of my knowledge and belief without distinction of person, and to serve the cause of truth and justice alone."

The pledge shall be equal to an oath.

(5) Where an honorary judge states that as a member of a religious or confessional group he wishes to make a solemn declaration using a formula of words of this group, he can add these words to the oath or the pledge.

(6) Honorary judges in the finance courts shall take an oath to the effect that they shall carry out the duties of an honorary judge in conformity with the Basic Law of the Federal Republic of Germany and with the law, that they shall preserve tax secrecy, that they shall adjudicate to the best of their knowledge and belief, without distinction of person, and that they shall serve the cause of truth and justice alone.

This shall apply mutatis mutandis to a pledge.

(7) In respect of honorary judges in the Land courts the oath and the pledge can include an additional commitment to theLand constitution concerned.

(8) A record shall be made of an honorary judge's undertaking in respect of his office.

(9) The rights and duties of honorary judges shall otherwise be governed by the provisions applicable to the individual jurisdictions.

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Date: 2015-12-24; view: 1010


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