3. Reality in the FRG

Art. 101 Basic Law [Ban on extraordinary courts]

(1) Extraordinary courts shall not be allowed. No one may be removed from the jurisdiction of his lawful judge.

Section 16 Courts Constitution Act

Extraordinary courts shall not be allowed. No one may be removed from the jurisdiction of his lawful judge.

The roster allocating court business should serve to guarantee the legal judge. This is the case when nothing and nobody can determine beforehand which judge will be assigned to which case. Everybody has the right and the chance of every judge.

For this purpose, the roster allocating court business must be drawn up in an oppositely rotating system. In Bavaria, for example, however, the incoming cases are assigned to a judge by the first letter of the surname. This means that the same judge is always responsible for him - not only that, the whole family always has the same judge. Other judges are excluded.  Since this is not in accordance with the law, unlawful exceptional judges act at such courts.

Baden-Württemberg and other federal states

Allocation of duties at the Konstanz Regional Court

On the Internet site of the Court the following appears:

Click on the following link to access the current roster allocating court business (pdf file, 267kB):

Status: Febr. 01, 2019

"No one may be deprived of his or her statutory judge" (Art. 101 para. 1 sentence 2 of the Basic Law, § 16 sentence 2 of the Courts Constitution Act). This principle also requires that the criteria according to which cases are allocated to individual judges be determined in advance and according to general criteria.

LANDGERICHT KONSTANZ,  Konstanz Jan. 29, 2019 The Presidium E 320L Ko

2)Small criminal divisions

Appeals shall be allocated to the 5th, 6th and 8th criminal divisions in the order in which they are received by the registry designated by the President (receiving registry) in accordance with the following rotation A cycle consists of 18 entries each, of which the first 9 proceedings are allocated alternately to the 5th, 6th and 8th criminal division, the further 6 proceedings alternately to the 5th and 6th criminal divisions and the last 3 proceedings to the 6th criminal division. In rotation, the appeals received in accordance with IV No. 5 b), 6 b) as well as 8 b) and c) must be considered in advance. If several appeals are received simultaneously, they will be allocated according to the age of the accused, starting with the oldest. Proceedings received on the same day shall be deemed to have been received simultaneously. The date of receipt by the Regional Court shall be decisive. If several parties to the proceedings have lodged an appeal in one case, this shall be deemed one appeal"

The reality in Bavaria and other federal states

Since at least the year 2006 there have been unlawful exceptional judges operating in Bavaria.

The cases are assigned according to the alphabet. Everybody always negotiates before the same judge. Other judges are excluded. Thus the judges to those the cases after the alphabet to be assigned are illegal, not permitted exception courts.

Coburg Regional Court on the Internet:

Ordinary jurisdiction - OLG Bamberg

Case law 39

Press releases 0

GVP 0  (= GVP means roster allocating court business = 0 publications)

Judge Anton Lohneis on October 22, 2018:

"For the sake of completeness only, I would like to point out that file inspection of the roster allocating court business at the Coburg Regional Court can only be carried out at the office and that these cannot be sent to you".

Mrs. Karin Leffer and the Ott family wanted to inspect the roster allocating court business at Coburg Regional Court. First they were refused. When they were told that Baden-Württemberg presented its roster allocating court business on the Internet, they were presented with a few loose sheets of paper without a signature after a 20-minute wait. An allocation of the cases was not apparent.

While in 2007 there were still files with all roster allocating court business and signatures for comparison of all judges, which could be viewed at any time, the harassment increased over the years until finally no more insight was granted.

How do you cook a frog? If it is thrown into hot water, it jumps out again immediately. If the temperature is slowly raised, he doesn't notice until it's suddenly too late!

Continue to: IV. The consequence of dependent judges