Statement by the Judicial Reform Foundation Regarding the Incident Involving Grand Justice Ch'eng Chung-mo

According to news reports, Judicial Yuan Vice President and Grand Justice Cheng Chung-mo was photographed by media entering a motel with a female friend, creating massive ripples within the legal community.

This Foundation does not endorse the media's practice of tailing and covertly photographing public figures to excessively pry into their privacy. We further call upon the media to strictly observe professional ethics and boundaries when handling any news involving personal privacy and reputation. They must refrain from excessive speculation, far-fetched interpretations, and widespread innuendo, so as to avoid causing deeper distress and harm to the parties involved or their friends and family, which could lead to any regrettable outcomes for the public.

As for Grand Justice Cheng Chung-mo, we offer several statements and expectations purely from the standpoint of civil society conducting judicial oversight:

First, the public holds high expectations for judges and even greater expectations for Grand Justices. Furthermore, Grand Justices serve as a vital state organ, exercising the powers of constitutional interpretation, uniform interpretation of statutes, constitutional review, adjudication of the impeachment of the President and Vice President, and dissolution of unconstitutional political parties. They are substantially the final and only authorized interpreting or adjudicating body, and their esteemed status goes without saying. Therefore, they must exercise even greater self-restraint. Regarding interactions between men and women that ordinary people might engage in but would still invite criticism, Grand Justices should maintain higher vigilance and moderation. If they act rashly, cross boundaries, or lightly trigger controversy, not only do they damage the public's moral sentiments, but they also cannot escape criticism for failing the public's expectations.

Second, Article 1 of the "Judicial Code" promulgated by the Judicial Yuan explicitly stipulates: "Judges shall maintain noble character, be prudent in speech and conduct, uphold integrity, and avoid improper conduct or behavior easily perceived as improper." Merely regarding so-called behavior "easily perceived as" improper, "ordinary judges" must make every effort to avoid it to prevent casting suspicion upon themselves—let alone a "Grand Justice" of lofty status? Thus, Grand Justice Cheng's act of "entering a motel" with a female friend inevitably falls short under the aforementioned Judicial Code of the Judicial Yuan.

Third, regarding whether Mr. Cheng Chung-mo is "fit" for the position of Grand Justice—a matter subject to public evaluation—this Foundation has repeatedly raised skeptical opinions. For instance, during his tenure as Minister of Justice, there was controversy over his crude execution of the death penalty; and after assuming office as Grand Justice, he was also suspected of lobbying legislators in the Truth-Investigation Committee incident. Measured against the highest standards that the esteemed status of a Grand Justice demands, as well as the self-cleansing norms established by all Grand Justices originally, it is difficult to say that there are no grounds for deeming him unfit for the position of Grand Justice.

In summary, the truth regarding the private morality of an individual is not the issue here; rather, the negligence in failing to make every effort to avoid "behavior easily perceived as improper" not only damages the public's moral sentiments but also violates the ethical obligations of a judge. Moreover, when observing his professional suitability as a Grand Justice, complemented by the highest standards that the esteemed status of a Grand Justice inherently requires, it should be interpreted as appropriate that he is no longer fit for the position of Grand Justice. Therefore, it is hoped that Grand Justice Cheng, without awaiting administrative punishment, judicial investigation, or disciplinary action, will immediately resign from his post of his own accord to demonstrate accountability, thereby retaining a final opportunity to preserve the integrity of a Grand Justice.