Politics

Taiwan’s evaluation mechanism for judges takes effect

• Publication Date：01/06/2012
• Source： Taiwan Today
• By  June Tsai

The judges and prosecutors evaluation system incorporated in the Judges’ Act will come into effect Jan. 6, according to the ROC Judicial Yuan.

The system will evaluate judges every three years, and also gives citizens the right to request reviews of judges or prosecutors who they feel have violated procedural rules, duty requirements or ethical norms in dealing with individual cases, the Judicial Yuan said Jan. 5.

The Judges’ Act, passed by the Legislative Yuan in June 2011, provides for the creation of a Judges Evaluation Committee to deal with such requests. When complaints are judged valid, cases will be referred to the Control Yuan or the Judicial Yuan’s Personnel Review Committee for further examination and possible disciplinary action.

Final assessment could result in removal from office or transfer to another position in the judicial system. Administrative discipline will be handed down for less serious misconduct.

According to Judicial Yuan officials, to ensure judiciary independence, the 11-seat Judges Evaluation Committee will include four impartial members from outside judiciary circles. The seven others are to be chosen from among judges, prosecutors and attorneys by their respective peer groups.

According to sources, however, candidates for the nonjudiciary members are all legal scholars recommended by the Ministry of Justice and Taiwan Bar Association, with the final pick to be made by the president of the Judicial Yuan.

Lin Feng-jeng, executive director of the nongovernmental Judicial Reform Foundation, said the selection process is still subject to cronyism and is not transparent enough.

“Judges are basically evaluated by their peers,” he said, adding that more members from fields other than law and the judiciary should be selected to ensure outside supervision that reflects modern trends.

The Judges’ Act was passed amid public discontent with Taiwan’s judicial system following a series of rulings that prompted hot debate and even mass protests. While the act itself will take effect July 6, “the judges’ evaluation system is beginning six months in advance in response to social expectations,” the Judicial Yuan said. (THN)