Commentary: Twilight of the Gods at the Federal Court

A romantic relationship between two Federal Court judges, spanning several months, has plunged Switzerland's highest court into an institutional crisis. What began as a personal indiscretion has exposed a perceived failure in leadership and adherence to professional ethics within the judiciary.

Rumors of the relationship circulated within the judicial palace in Lausanne and its Lucerne location as early as 2025. However, the court's president reportedly downplayed the situation, describing the judges' connection as merely a "familiar relationship." It wasn't until late April 2026, when the "Weltwoche" publication brought the story to light, that the court's leadership felt compelled to act. An investigation was commissioned in May 2026, involving a Geneva law professor and a former president of the Vaud Cantonal Court. The report from this investigation has been kept under strict wraps, with even Federal Court members reportedly receiving only excerpts, fueling accusations of a continued cover-up.

The article contends that a prolonged romantic relationship between judges is fundamentally incompatible with the status and ethical obligations of their positions. The "Gepflogenheiten" (customs or practices), in effect since 2019, are cited as explicitly contradicting such relationships. The president's claim of ignorance and lack of grounds for timely investigation is dismissed as an "untenable defense" that ignores the "duty to know" expected of any leadership.

Instead of taking decisive action, such as requesting resignations with dignity, the involved judges are reportedly seeking to politicize the matter, allegedly with support from the president of the Second Public Law Chamber. The article suggests that the broader inaction of the majority of the 40 Federal Court judges further exacerbates the situation, allowing the crisis to fester and potentially eroding public confidence in the institution's integrity.

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duty to know