Call to Action Regarding the Selection Procedure for Grand Chamber Members of Courts of Final Appeal ~ A Statement by the Judicial Reform Foundation

Regarding the Grand Chamber system established under the newly amended Court Organization Act and Administrative Court Organization Act promulgated on January 4, 2019, which is set to take effect on July 4, the Judicial Reform Foundation (JRF) issues the following statement concerning the selection procedure for Grand Chamber members, as this system is crucial for unifying legal interpretations by courts of final appeal and profoundly impacts the litigation rights of individual parties:

1. The Judicial Yuan Should Disclose Internal Rules for Balloting and Solicit External Opinions

   The recent legislative amendments only provided in-principle provisions regarding the selection procedure for Grand Chamber members, while the specific selection methods are still to be determined by internal rules enacted by the Judicial Yuan. The JRF maintains that these internal rules should include: 1. The number of votes each judge is entitled to cast. 2. Procedures for handling ties. 3. Whether a judge may decline to serve as a Grand Chamber member. 4. Whether Grand Chamber members may resign before their terms expire. Taking the Civil Division of the Supreme Court as an example, where a total of 9 Grand Chamber members must be elected, the internal rules should stipulate whether each judge may cast 1 vote or 9 votes, whether ties should be resolved by drawing lots or a second round of voting, and whether elected Grand Chamber members may decline to serve or resign.

   The JRF urges the Judicial Yuan to publicly announce the internal rules for at least one month, solicit opinions from government agencies such as prosecutors' offices and civil organizations such as bar associations, and make revisions based on external feedback in order to formulate a credible selection procedure.

2. The Judicial Yuan Should Allow External Parties the Opportunity to Submit Opinions and Provide Judgments Authored by Judges as a Reference for Voting

   Paragraph 4, Article 9 of the Regulations on the Selection and Appointment of Judges provides that the Judicial Yuan shall appropriately publicize the application information of those transferring to become judges, allowing external parties to submit opinions for the reference of the Judges Selection Committee. The JRF believes that before voting, judges of the Supreme Court and the Supreme Administrative Court do not have sufficient time to understand and thoroughly review the circumstances of cases handled by each judge and the judgments they have previously authored. Therefore, the Judicial Yuan should allow external parties a period of over one month to submit opinions. In particular, parties and their legal representatives whose cases were previously adjudicated by the Supreme Court and the Supreme Administrative Court are best positioned to understand how judges handle cases and the quality of their judgments; it is most appropriate for them to express opinions on whether a presiding judge possesses the qualifications to serve as a Grand Chamber judge. Following the submission of external opinions, the Judicial Yuan should compile this external data and provide it to the judges as a reference basis when casting their votes.

3. An Open, Transparent Selection Procedure Incorporating Diverse Opinions Can Select Suitable Candidates for the Grand Chamber

   The Grand Chamber system aims to resolve the problem of divergent interpretations among various divisions of the Supreme Court and the Supreme Administrative Court that leaves the public at a loss, and to replace the precedent system which has raised concerns regarding the separation of powers. The JRF maintains that the legal interpretations unified by the Grand Chamber must be capable of safeguarding people's rights and receiving external recognition. In the past, when deliberating the bill, the Legislative Yuan also passed a supplementary resolution requiring the Supreme Court and the Supreme Administrative Court to pay attention to the gender consciousness presented in cases. Therefore, future Grand Chamber judges should possess the capability to render landmark and forward-looking judgments. The JRF anticipates that an open and transparent selection procedure for Grand Chamber judges that incorporates diverse external opinions will enable judges to elect the most suitable candidates.

Press Contact

Judicial Reform Foundation / Attorney Ch'en Yen-huan (02)2523-1178