The Journey to the Judiciary: Dr. Thierry Schnyder on His Daily Work, Career, and the Influence of Politics

He talks about how he became a cantonal judge in the Canton of Valais, the role politics plays today in this career, and offers advice for students interested in pursuing a judicial career.


Topics: Judge, Court, Valais, Politics, University of Fribourg, University of Bern, Career, UniDistance Suisse, Valais Cantonal Court.
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Reading time: 4 minutes.

 

Good afternoon, Mr. Schnyder, could you please describe your professional career path and particularly tell us how you became a cantonal judge?

 

Essentially, I pursued a classic path to become a 'cantonal judge,' as the appellate judges are referred to in Wallis.

 

After completing my high school education in natural sciences at the Kollegium Spiritus Sanctus, I initially studied law in  Fribourg  and graduated in 1999. I then returned to the canton of Wallis. After several years of internships, I completed the bar exam and subsequently the notary exam. This was followed by a dissertation at the  University of Bern , where I was not working as an assistant but rather simultaneously served as a court clerk and/or substitute judge in the first and second instances. These engagements sparked my interest in judiciary, something I hadn’t previously contemplated.

 

In 2008, the Cantonal Court of Wallis appointed me as a district judge in Visp, and in 2015, I was given the opportunity to lead this court. In the meantime, the cantonal legislative body, the Grand Council, elected me as a substitute judge to the  Cantonal Court . This enabled me to gain further experience in the second instance alongside my work as a district judge. Additionally, I was given a teaching assignment in Public Law at the  UniDistance Suisse . Finally, in 2017, the Grand Council elected me as an ordinary cantonal judge. Since then, I have been working in various departments there.

 

After your studies in Fribourg and your doctorate in Bern, you quickly returned to Wallis. Is it the mountains, the wine, the raclette, or something else that keeps bringing you back to Wallis?

 

It’s not these clichés, but rather my social environment that binds me to this region.

What particularly appeals to me about the role of a judge at present is the opportunity to mediate, propose solutions, and make decisions. - Dr. Thierry Schnyder

What motivation led you to become a judge instead of pursuing a career as a lawyer or notary?

 

I didn’t definitively choose the profession of a judge and could certainly envision working elsewhere at some point. However, what particularly appeals to me about the role of a judge at present is the opportunity to mediate, propose solutions, and make decisions. Additionally, there are organizational tasks at the cantonal court, which provides an interesting variation.

Did you know?

Dr. Thierry Schnyder regularly publishes essays and books alongside his work as a judge and lecturer, including his work 'The Notary in the Canton of Wallis'.

To the publications

You were elected as a cantonal judge by the Parliament of the Canton of Wallis. To what extent does politics play a role in the career of a judge?

 

This question cannot be answered in a general manner. Here are a few examples:

 

Depending on the region or level, laws may exist that establish a proportional representation of political forces in judge elections. In such cases, party affiliation certainly plays an important role.

 

The process of electing judges is not uniform in Switzerland: there are partial direct elections, decisions made by parliament, or other solutions. For instance, district judges in the Canton of Wallis are elected by the Cantonal Court. In this context, the candidates' party affiliation does not play a role. Consequently, many district judges in the Canton of Wallis are no longer members of a political party.

 

In some cases, cantons have different specialized bodies that precede the actual election authority in judge elections. For example, the Canton of Wallis has a Judicial Council, comprising various professionals (lawyers, prosecutors, HR specialists, judges, etc.). This council submits a report on the candidates to the Parliament's Judicial Commission in cantonal judge elections. Recommendations from these commissions are often not based on political considerations but assess objective criteria such as education, professional experience, language skills, or personality assessments of the candidates.

Every few years, I encounter cases where national media and many spectators are present. - Dr. Thierry Schnyder

Can you tell us about a court case that stood out in your career as a judge?

 

A case can be particularly significant for a judge in various ways. Here are a few examples:

 

Every few years, I encounter cases where national media and many spectators are present.

 

Especially in criminal law, a judge is sometimes confronted with situations that are extremely tragic for the parties involved.

 

In some cases, even in a rather unspectacular situation, there may be exceptionally difficult questions to answer, leading to above-average efforts.

 

All of this results in cases that stand out. However, due to confidentiality obligations, I cannot provide detailed information about a specific case.

The work of a judge at the cantonal court has certainly become more theoretical. - Dr. Thierry Schnyder

What does your typical workday look like as a cantonal judge?

 

The main tasks consist of self-editing judgments and reviewing drafts of decisions in German or French written by fellow judges and court clerks. There are significantly fewer court sessions before the second instance, depending on the department, compared to those before a district court. However, there is a lot more reading of texts by third parties. The work of a judge at the cantonal court has certainly become more theoretical.

 

Additionally, I invest a considerable amount of time in judicial management, such as staff qualification, handling personnel matters, decentralized court organization, training of legal interns, preparing consultations, and responding to potential media inquiries.

 

Moreover, personal development, like reading Federal Court decisions or reviewing law revisions, also takes up part of the work time.

 

Apart from your professional work as a judge, author, and lecturer at the UniDistance Switzerland, you have children, go on mountain hikes, and are involved in handball. How do you manage to juggle all of this?

 

The most important requirement is certainly that I take pleasure in the various tasks and that they either complement each other quite well or create a balance. Additionally, both my personal and professional 'teams' function excellently.

Students at UniDistance have more organizational freedoms during distance learning and are less involved in student life compared to those at a traditional university. This can be an advantage or a disadvantage depending on the individual's circumstances. - Dr. Thierry Schnyder

What advantages do you see in studying law at UniDistance Switzerland?

 

Students at UniDistance have more organizational freedoms during distance learning and are less involved in student life compared to those at a traditional university. This can be an advantage or a disadvantage depending on the individual's circumstances. Consequently, UniDistance typically attracts older students who possess different life experiences.

 

Additionally, studying law at  UniDistance Switzerland  also allows for a master's degree, which is necessary to obtain a lawyer's diploma.

 

What advice would you give to law students interested in a career in the judiciary?

 

A law degree opens up many interesting career paths, so as a student, I would advise keeping all options open. If a student seeks advice, I would recommend focusing primarily on the next step after completing the law degree, namely, the legal internship and the corresponding exams. Therefore, I would suggest enrolling in as many modules at the university that cover subjects tested in the lawyer's exam.

 

Moreover, I would advise the individual to undertake short internships at various places (law firms, companies, government agencies, prosecution, and court) during their studies to gain practical insights into the different career options. Proficiency in relevant official languages is always advantageous and can be further developed during the studies. Lastly, I believe that engaging in extracurricular activities outside of studies also helps in acquiring additional knowledge.

 

Thank you very much for sharing your experiences and insights into the world of a judge. We wish you all the best!

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