Joint Statement by Attorneys Protesting the Judicial Yuan's Arbitrary Amendment of the Regulations Governing Court Audio Recording

On October 25, 2013, the Judicial Yuan promulgated the "Regulations Governing Court Audio Recording and the Utilization and Preservation Thereof," and on December 9 of the same year, it announced the draft "Rules for Reviewing Files in Civil and Administrative Litigation," strictly restricting applications for court audio recordings to require the "written consent" of "all" persons present and making statements in court. We cannot sit idly by and watch the consequences unfold after these provisions take effect, and therefore issue the following statement:

1. Rejecting the infringement of citizens' right to litigation under the guise of personal data protection:

The Constitution guarantees the people's right to litigation. Under the pretext of protecting the personal data of courtroom speakers, the Judicial Yuan has all but deprived citizens of their right to request copies of court audio recordings. Without evaluating how to properly safeguard both rights simultaneously, without considering the overall proportionality of personal data in court proceedings, and without caring that its means infringe upon citizens' rights to litigation and to a hearing, the Judicial Yuan has arbitrarily and strictly limited people's right to access court information. This fundamentally violates the legislative purpose of "promoting the reasonable utilization of personal data" and rashly infringes upon the people's right to litigation by imposing restrictions not provided for by law via administrative orders.

2. Opposing encroachments upon the open trial system:

The judicial power is an indispensable constitutional design for the separation of powers and checks and balances. The State should also establish a fair, just, public, unbiased, and independent judicial system. In principle, trials shall be conducted publicly, and the spirit of open trials is realized through systems such as free public attendance in court, the presence of procedural participants, and court audio and video recording. However, the Judicial Yuan arbitrarily used the "Regulations Governing Court Audio Recording and the Utilization and Preservation Thereof" to severely restrict the acquisition of audio recordings of court proceedings, drastically reducing the openness and transparency of court activities and arbitrarily encroaching upon the core meaning of the open trial system through low-level administrative orders.

3. Protesting the erosion of attorneys' right to counsel and right of litigation representation:

At the symposium on amending the regulations governing court audio recordings convened by the Judicial Yuan on December 25, 2012, all sectors universally voiced opposition to the Judicial Yuan's "strict restrictions" on the delivery of court audio recordings. The legal profession, in particular, has a profound realization of the severity of flaws in the production of courtroom minutes in practice. The Judicial Yuan's strict restrictions on parties obtaining court audio recordings will evidently place parties in even greater peril and make erroneous or mistaken minutes even harder to detect. Furthermore, parties inherently possess the right to review case files, and attorneys, based on the necessity of litigation representation or the right to counsel, have the right to review case files, which shall not be arbitrarily restricted unless explicitly stipulated by law. The actions of the Judicial Yuan amount to disguised erosion of attorneys' right to counsel and right to litigation, which is truly an abuse of power in violation of the law.

Based on the foregoing reasons, we solemnly call for and demand that:

1. The Judicial Yuan should immediately repeal the "Regulations Governing Court Audio Recording and the Utilization and Preservation Thereof."
2. The Judicial Yuan should respond to the needs of the people's right to litigation, the open trial system, and attorneys' right to counsel, and expeditiously deliberate and draft methods for the utilization and preservation of court audio recordings.