Symposium | Reducing Judicial Workload and Improving Judicial Quality

As Richard Posner observed in the book he co-authored with Lee Epstein and William Landes, The Behavior of Federal Judges, understanding judges as participants in a judicial labor market may be more realistic than focusing only on formal institutional rules or political-science theories. Beyond professional norms and institutional constraints, judges also respond to costs and benefits. Posner asks us not to find that perspective crass: time costs, quality of life, and the labor-economics models built around them often describe real-world decision-making more accurately.

Taiwan's justice system has faced excessive workloads for years. Judges, prosecutors, court clerks, and bailiffs are overworked, staffing is tight, and caseloads remain heavy. The National Conference on Judicial Reform adopted resolutions addressing these problems and proposed measures including reform of the prosecutorial reconsideration system, simplification of judicial documents, case-filing review centers, and, over the longer term, decriminalization. The JRF has also formed a dedicated working group. After sustained research and discussion, the group hopes to identify additional reforms that can reduce judicial workload while improving the quality of justice.

The working group has developed several proposals: broadening the circumstances in which prosecutors and police need not escort or transfer a suspect; allowing parties, with consent, to submit consolidated written comments when evidence is presented; expanding the scope of non-prosecution and deferred-prosecution dispositions together with supporting safeguards; expanding plea bargaining with appropriate supporting measures; allowing records of oral pronouncement to replace full written judgments in simplified or summary proceedings; developing procedures for judicial assistants to help draft judgments and other judicial documents; and extending outsourced transcription practices used in criminal cases to other types of cases. On January 10, 2022, on the eve of Judicial Day, the group presented these proposals at a press conference announcing its draft plan for reducing judicial workload and improving judicial quality and invited feedback from all sectors.

At the same time, we hope to engage directly with judges, prosecutors, and other practitioners. Beyond commenting on the JRF's proposals, practitioners can identify reforms that respond more closely to day-to-day needs. This symposium therefore invites representatives of the bench and prosecution service to present their own proposals and join the discussion on how Taiwan can reduce judicial workload, improve the quality of justice, and better protect people's rights.

By bringing together judges, prosecutors, defense lawyers, and scholars, the symposium will examine possible directions for reform, facilitate exchange with frontline practitioners, and explore ways to reduce unnecessary workload without sacrificing judicial quality.

Online Registration

Time

May 7, 2022 (Sat.) 13:30-18:00

Venue

To meet public-health needs, the event will be conducted entirely by livestream and will not be open to in-person attendance.
After registration, the organizer will email participants the livestream link and an electronic program booklet.

Agenda

Notes

• Depending on public-health conditions and venue capacity, in-person attendance may be opened in accordance with requirements announced by the Central Epidemic Command Center.
• The event will also be livestreamed to reach a broader audience of academics and practitioners interested in reducing judicial workload.

Organizer

Judicial Reform Foundation