Judicial Yuan Completed Drafting of the Proposed Judges Act. Judicature No Longer A Lifelong-Secured Career.

The Judicial Yuan finally wrapped up the drafting of the proposed Judges Act, which began 15 years ago.  To govern Justices of the Constitutional Court as well, the draft Judges Act provides mechanism for evaluating and removing judges.  According to the draft Act, unfit judges may be removed, transferred to a position carrying duties other than conducting trial of cases, imposed fine or subject to disciplinary sanction.  That is, being a judge will no longer be a constitutionally guaranteed lifelong career.  

At present, as judicature is constitutionally protected, no judge may be removed except he or she is impeached by the Control Yuan and consequently suspended or dismissed from office pursuant to the relevant disciplinary action taken by the Commission on The Disciplinary Sanctions of Public Functionaries.  

Evaluation of judges is now conducted by practicing attorneys with no official disposition effect against unfit judges.  Once the Judges Act is enacted and comes into force, judges will be officially evaluated by the Judges Evaluation Commission to be established under the Judicial Yuan.   

According to the draft Act, a judge will be referred to the Judges Evaluation Commission when he or she (1) has seriously erred in conducting trial of cases out of an intention to do so or gross negligence, (2) has acted in material breach of his or her duties or material default of his or her functions, (3) has participated in political activities, is improperly holding concurrent post, or has acted in breach of his or her confidentiality obligation and such misconduct is considered serious, (4) has acted in material breach of the code of judicial conduct for judges.   

In case where the Judges Evaluation Commission decides that disciplinary action should be taken against the judge evaluated, the Commission shall refer such decision to the Control Yuan for review with a recommendation on the type of disciplinary action to take.  Currently, there are only two disciplinary actions to take against unfit judges:  removal or suspension from the duties of conducting trial of cases for a certain period of time, which may be resumed after the given period expires.  (2006.3)

/EMA