Public Oversight, Judicial Debug | Launch of the JRF's 2021 Fundraising Campaign

The COVID-19 pandemic changed the world-and many things the JRF had long taken for granted. In difficult circumstances, the organization had to find a new way to sustain its work. Instead of relying on the familiar annual fundraising dinner, the JRF launched 13 separate projects and began raising its 2022 operating funds online. It was the first time in the organization's 26-year history that its fundraising campaign had been structured around multiple online projects, and this press conference introduced that new approach.

More than four years had passed since the 2017 National Conference on Judicial Reform, yet many people still felt little progress and a persistent gap remained between the justice system and public expectations. Even during the pandemic, the JRF continued its reform work. Under the 2021 fundraising theme "Public Oversight, Judicial Debug," the organization launched 13 projects spanning wrongful-conviction assistance, legislative reform, rule-of-law education, local engagement, social-movement legal support, and other areas, with a goal of raising NT$16 million in operating funds.

JRF Chairperson Lin Yung-Sung explained that the organization had held a fundraising dinner in almost every one of its 26 years, and that donations from supporters at those events had made much of its judicial-reform work possible. The pandemic made a 300-person year-end dinner uncertain, so the JRF turned to online fundraising. Developments in Hong Kong over the previous two years had also been sobering: civil society organizations were dissolving one after another, and some could no longer raise funds. Taiwan's justice system remains far from satisfactory and often disappoints the public, he said, but civil society still has room to speak about reform. While that space remains open, the JRF hopes society will support organizations willing to use it.

Lin added that the JRF's annual budget was approximately NT$30 million. Around NT$10 million came from international donations, while NT$20 million had to be raised in Taiwan. The organization expected to raise NT$4 million through charity art sales and the remaining NT$16 million through the 13 fundraising projects.

October through December 2021 was the JRF's principal fundraising season. Lin called on everyone who cared about judicial reform to support the organization, whether through large or small donations, so that it could continue reform work without financial uncertainty. The JRF also planned a fundraising-results briefing for December 30 to report publicly on the campaign.

In addition to Lin Yung-Sung's overview of the campaign, representatives of the individual projects spoke at the press conference. The 2021 project spokespersons were:

• Lo Shih-Hsiang / Attorney - Forensic Science and Expert Evidence
• Wang Wei-Chun / Chairperson - Protection of Crime Victims' Rights
• Huang Ming-Chan / Attorney - Reducing Judicial Workload
• Hsiao I-Min / Director - Prosecutor and Police Systems
• Chang An-Ting / Attorney - Non-Disclosure of Investigations Oversight
• Lin Yung-Sung / Attorney - Citizen Judges: Promotion and Oversight
• Lin Chun-Ju / Attorney - Technology-Assisted Investigation and Communications Surveillance
• Chen Peng-Kuang / Attorney; Jen Hsiao-Hsiang / Attorney - Wrongful-Conviction Assistance and Relief Systems
• Chiang Jung-Hsiang / Attorney - Monitoring Unfit Judges and Prosecutors
• Kao Yang-Hui / Attorney - Assistance in Human-Rights Violation Cases
• Lin Chien-Hung / Attorney - Social-Movement Pro Bono Lawyer Platform
• Lin Chien-Hung / Attorney - Rule-of-Law Education
• Lin Chih-Chung, Li Hsuan-Yi, Tien Yung-Pin, Hung Ming-Ju, and Lin Tzu-Cheng / Attorneys - Taichung Local Engagement

For each spokesperson's full remarks, see the verbatim transcript in the appendix.

Each spokesperson described the JRF's work to date and the project's next steps. Although many projects had achieved concrete results, the organization emphasized that judicial reform remained unfinished and called for continued public support.

The theme of the JRF's 2021 campaign was "Public Oversight, Judicial Debug." In computing, debugging means identifying and eliminating errors. The campaign invoked Grace Hopper, who helped translate mathematical and machine-oriented concepts into programming languages ordinary users could understand. Judicial reform should work in a similar way: identify defects precisely, translate legal rules into language people can understand, remove discrimination and bias within professional communities, and build a justice system worthy of public trust.

Appendix

1. Forensic Science and Expert Evidence (Attorney Lo Shih-Hsiang)

   The JRF has many areas of work, but wrongful-conviction assistance is one of its longest-running commitments. Those cases repeatedly reveal the importance of scientific evidence in court. The Forensic Science and Expert Evidence project addresses a recurring problem: lawyers and scientists often misunderstand one another across disciplinary boundaries, and the cost of that misunderstanding can be a person's youth-or even life. The Chiang Kuo-Ching case is one example. An expert may sometimes venture beyond the limits of the expert's discipline and offer a personal opinion; courts may misunderstand that opinion and reach an erroneous judgment.

   The project therefore focuses on two reforms. First, in 2019 the Judicial Yuan proposed amendments to the expert-evidence provisions of the Code of Criminal Procedure. Under the proposal, experts would appear in court and be subject to examination, helping courts test scientific claims more effectively. The Executive Yuan approved the proposal in July 2021 and sent it toward legislative review. The JRF hoped the Legislative Yuan would complete the reform before the end of the legislative term in 2024.

   Second, the project seeks creation of a national Forensic Science Commission. The goal is to establish systems for professional certification of forensic experts and transparent standard operating procedures for different forms of forensic examination. Building such an institution is a major undertaking, and the JRF asked supporters to help sustain the work.

2. Protection of Crime Victims' Rights (Chairperson Wang Wei-Chun)

   "It has been almost ten years since November 2011, when I began working on crime victims' rights. Seeing the issue finally become a major public concern is deeply moving. I am grateful that nearly three years ago the JRF reached out to work with me and help make this reform more complete and more responsive to victims. Legislation aimed at treating victims with greater dignity is now approaching the final mile. Implementation will still require sustained oversight, but if we do not complete this last stage well, we will not have the legal foundation needed for good implementation. I hope more people will join hands and continue working for crime victims through the next decade. If you support this cause, please support this project."

3. Reducing Judicial Workload (Attorney Huang Ming-Chan)

   "Before becoming an attorney, I served as a judge for more than ten years. I know firsthand that without a reasonable workload, demands for perfect procedural justice or thorough fact-finding are empty words. Under excessive caseloads, judges simply cannot handle every case properly, either procedurally or substantively. The JRF often criticizes shortcomings in the justice system, and judges and prosecutors understandably answer: 'You do not know how heavy our workload is' or 'Your proposals only add more work.'"

   "The JRF heard that concern, so this project asks how to reduce unnecessary burdens on judges and prosecutors. We are working at three levels."

   "First, reduce the number of cases entering full trial or resolve more cases before trial. Possible reforms include broadening circumstances in which a suspect need not be transferred to prosecutors, simplifying deferred-prosecution procedures, and expanding plea bargaining with safeguards. Second, simplify trial procedures-for example, allowing evidence to be presented through consolidated written agreement where the parties consent, rather than consuming court time through unnecessarily lengthy hearings. Third, reduce unnecessary work in preparing judgments, including simplifying written judgments, using records of oral pronouncement in appropriate cases, and considering a larger role for judicial assistants in preparing drafts."

   "These are the directions we are pursuing. A reasonable workload for judges and prosecutors is necessary if the quality of justice is to improve. We hope you will support the project."

4. Prosecutor and Police Systems (Director Hsiao I-Min)

   "Prosecutors and police occupy crucial positions in the justice system. If we want to reduce judges' workloads, we have to look upstream: how many cases prosecutors handle, how many cases police refer to prosecutors, and how police performance metrics affect the volume of cases entering the system. Recent assignments connected with African swine fever illustrate how non-core duties can add unreasonable burdens to both police and prosecutors. We are developing proposed amendments to the Police Act, continuing cooperation with the Taiwan Police Union, monitoring frontline institutional problems, and collecting cases that reveal areas needing reform."

5. Non-Disclosure of Investigations Oversight (Attorney Chang An-Ting)

   "President Tsai Ing-Wen convened the National Conference on Judicial Reform in 2017, and non-disclosure of investigations was one of its major issues. Why does it matter? An investigation is fluid: the facts become clearer only as evidence is gathered. Premature or excessive disclosure can compromise the investigation-for example, by prompting destruction of evidence or coordination among witnesses-and can also seriously harm the reputation and privacy of defendants and other people involved."

   "Non-disclosure is not absolute. Disclosure may be justified for public-interest reasons, to protect life, health, or safety, or to reassure the public. But even justified disclosure can affect an investigation or damage privacy and reputation."
   "That is why the question of when an exception applies must be handled carefully."

   "After the National Conference on Judicial Reform, the JRF restarted its Non-Disclosure of Investigations Working Group in October 2017. We have closely monitored media reports about ongoing investigations. When we identify a possible violation of the Regulations Governing Non-Disclosure of Investigations, we write to the investigative agency and request review. The agency may disagree with our legal analysis, but the exchange itself matters."
   "Over time, these letters and discussions have made investigative agencies more attentive to non-disclosure obligations. That is encouraging. In the past year or two, the most egregious examples of excessive or unjustified disclosure appear to have decreased."

   "The media are an essential intermediary between investigative agencies and the public. The National Conference on Judicial Reform also considered the media's role. Our relationship with the press is not simply one of supervision; it is also one of education and cooperation."

   "Despite the pandemic, members of our group were invited by the National Communications Commission to provide training to television media and to serve as outside advisers to the Satellite Television Broadcasting Association, discussing legal concepts and encouraging reporting practices that do not compromise investigations or unnecessarily damage the reputation and privacy of those involved."

   "A current priority is monitoring the quarterly review mechanism required by the Regulations Governing Non-Disclosure of Investigations. Investigative agencies must periodically review possible violations. We examine the meeting minutes, but those records are often incomplete and have to be compared against news reports that actually appeared."

   "That kind of monitoring is labor-intensive. In the past we recruited student assistants during summer vacation to help. Effective oversight requires enough people to do the comparison and follow-up work, which is why this project needs funding. With sustained effort, the principle of non-disclosure of investigations can be implemented more effectively."

6. Citizen Judges: Promotion and Oversight (Attorney Lin Yung-Sung)

   "The Citizen Judges Act passed in July 2020 and will take effect in January 2023. After six years of operation, the system is to be evaluated. The JRF and other organizations concerned with citizen participation have formed a civil-society monitoring coalition."

   "Before the system takes effect, we want courts to make information from citizen-judge mock trials public so that civil society can observe how the process works and identify problems early."

   "We are also doing public education. Government has a responsibility to prepare citizens, but civil society can help through campus mock trials and other outreach. We want to narrow the distance between the public and the justice system and understand how citizen participation actually works in practice."

   "For example, what happens in deliberation between citizen judges and professional judges? Will professional judges exert undue influence? Will sentencing deliberations be difficult? Mock trials allow us to observe these questions before the system begins. Once actual cases start, some parts of deliberation will no longer be public, so monitoring methods will have to change. The purpose of this project is to understand both the strengths and weaknesses of the system over time and to support evidence-based improvement before the formal six-year evaluation."

7. Technology-Assisted Investigation and Communications Surveillance (Attorney Lin Chun-Ju)

   "The JRF formed this project in September 2020 in response to the Ministry of Justice's draft Technology-Assisted Investigation Act. We have long worked on reform of communications surveillance, so the proposal is a major concern. Edward Snowden once used an analogy: 'I have a gun pointed at your head, but trust me, I will not pull the trigger.' The question is how a legal system ensures that the government cannot simply pull that trigger when it gains powerful access to people's information."

   "The Ministry's draft contemplated device-side interception: the state could use malware to enter a phone and obtain communications such as LINE messages. Technology specialists reminded us that access at that level can potentially reach almost every service on a smartphone-and a smartphone now contains much of a person's life. Cloud or remote searches could similarly expose enormous amounts of personal data stored on services such as Google Drive or Dropbox. Those powers create major legal and technical risks."

   "As a reform organization, the JRF cannot stop at criticism. Since establishing the working group, we have studied legislation in the United States, Germany, the European Union, and elsewhere; consulted specialists across disciplines; and tried to develop a model better suited to Taiwan. Weak regulation would also harm frontline police by generating disputes and litigation over the use of these tools."

   "We are examining the issue at several levels: cross-border acquisition and transfer of data; cybersecurity readiness and whether institutional security can keep pace with new investigative powers; and proportionality across different kinds of crime. Powerful technology-assisted investigative tools may be easier to justify in major organized or financial crime. But should the same tools be used for minor offenses?"

   "Our work continues beyond drafting legislation. Beginning in October 2021, the JRF launched the Tech-Law Salon to promote deeper public dialogue. Cybersecurity readiness is not only about hardware and software; it also requires a culture of security awareness. We hope more partners will join this work and help improve Taiwan's digital-rights environment."

8. Wrongful-Conviction Assistance and Relief Systems (Attorneys Chen Peng-Kuang and Jen Hsiao-Hsiang)

   Attorney Chen Peng-Kuang:
   "Wrongful-conviction relief is one of the JRF's longest-running areas of work and has two dimensions. The first is assistance in individual cases. We continue to work on cases such as Su Chien-Ho, whose civil litigation is not yet over, Chiu Ho-Shun, and the legacy of the Chiang Kuo-Ching case. Wrongful convictions cast a shadow over the justice system. Helping a person who has been wrongfully convicted is itself a public-interest responsibility, and that work must continue."

   "The second dimension is systemic reform. Wrongful-conviction cases reveal why mistakes occur and allow us to address those causes so similar injustices are less likely to recur. That includes flaws in forensic science and expert evidence and the difficulty of reopening a potentially wrongful conviction through mechanisms such as retrial. We have worked on these remedies for years and will continue to do so. There is a great deal left to do, and the work needs sustained resources."

   Attorney Jen Hsiao-Hsiang:
   "Beyond the individual cases Attorney Chen mentioned, the JRF is also concerned about recurring categories of possible wrongful conviction. Dummy-account cases are one example. Many defendants are economically vulnerable people who were themselves deceived into handing over ATM cards or account information and are then prosecuted as aiders or accomplices to fraud. I personally handle several such cases. In the past, defendants in this situation were often prosecuted almost automatically, which the JRF considers deeply problematic."

   "This year we held online press conferences and forums to draw greater attention to these cases. We hope public scrutiny will lead to change. If you care about reducing wrongful convictions, please support this project."

9. Monitoring Unfit Judges and Prosecutors (Spokesperson: Attorney Chiang Jung-Hsiang)

   "The principal mechanism for addressing unfit judges and prosecutors is individual evaluation under the Judges Act."

   "Under the former law, a member of the public who encountered serious judicial misconduct or procedural violations generally had to seek evaluation indirectly through a qualified public-interest professional organization such as the JRF."

   "The amended law removed that indirect route and instead allows members of the public to file individual-evaluation petitions directly."
   "The JRF's Complaint Center nevertheless remains in operation. We continue to receive complaints and help people understand whether evaluation may be appropriate. Because the petition itself must now be filed directly by the person concerned, representation in these matters may also become a new area of practice for lawyers. The JRF has therefore planned continuing-education programs with the Taipei Bar Association's Judicial Reform Committee and hopes to expand that training more broadly."

   "We also continue to monitor major judicial-discipline controversies, including the Shih Mu-Chin disciplinary case and the Kao Ming-Che wrongful-adjudication matter. Our work includes tracking proceedings, observing hearings, and submitting amicus curiae briefs."

   "The Shih Mu-Chin case is especially significant. Judge-disciplinary proceedings were generally non-public, so the JRF called for an open hearing. We welcomed the Disciplinary Chamber of the Judiciary's decision to open the proceedings, which allowed civil society to observe them. Individual cases can expose broader legal problems: the Weng Mao-Chung controversy, for example, implicated many people and revealed issues extending beyond a single disciplinary matter. The JRF therefore continues to study the Judges Act and judicial-ethics rules."

   "There is a great deal left to do, and we hope you will continue to support the JRF."

10. Assistance in Human-Rights Violation Cases (Spokesperson: Attorney Kao Yang-Hui)

    "This project has two components: constitutional litigation and correctional human rights."
    "The constitutional-litigation work included the project challenging parole revocation for minor offenses. Through appeals that led to constitutional review and proceedings before the Supreme Court Grand Chamber, the effort contributed to J.Y. Interpretation No. 796 and helped people serving life sentences on parole who otherwise faced returning to prison to serve extremely long remaining terms because of comparatively minor later offenses such as drunk driving or assault punishable by a fine. The project has not completely ended."

    "The correctional-rights team receives complaints and information by mail, examines treatment and problems inside prisons, and works with experts and scholars to monitor the rights of people in custody and promote more humane treatment."

    "Both components are long-term efforts to let sunlight into gaps in a state governed by the rule of law. Human-rights violations often occur precisely in those gaps and go unnoticed. We hope you will support the project and the JRF's continued work."

11. Social-Movement Pro Bono Lawyer Platform (Spokesperson: Attorney Lin Chien-Hung)

    "My own relationship with the JRF deepened through social movements. During the March 18 Movement seven years ago, students and activists entered the Legislative Yuan. Even those prepared to take action were understandably anxious about the legal consequences. They wanted lawyers inside the chamber who could answer questions and give them some reassurance."

    "The JRF coordinated volunteer lawyers, arranged shifts in the chamber, and connected them with students and protesters who needed legal advice. Then, on March 23 and 24, Taiwan saw one of its largest recent episodes of state violence."

    "At the time, Wellington Koo helped mobilize more than 400 lawyers to respond. A legal team that large could function only because the JRF helped coordinate people, schedules, and communications."

    "Other movements and related litigation followed. The JRF continued helping arrange volunteer lawyers for demonstrations, defense matters, and state-compensation litigation."

    "Seven years later, some of those lawsuits are still ongoing and volunteer lawyers are still needed. Lawyers stand behind activists; we invite you to stand behind those lawyers. The JRF supports the volunteer lawyers, and we hope all of you will support the JRF."

12. Rule-of-Law Education (Spokesperson: Attorney Lin Chien-Hung)

    "Rule-of-law education has always mattered. As the saying goes, 'It takes ten years to grow a tree and a hundred years to cultivate a person.' We want students to encounter ideas such as the presumption of innocence, adjudication based on evidence, and in dubio pro reo early-even before they fully understand the doctrine. Campus mock trials and other programs can help students see how the justice system actually works."

    "Even a small early insight can matter. Students may not understand everything at once, but these experiences can plant the beginnings of a rule-of-law perspective."

    "From 2017 through 2020, the JRF entered roughly 155 schools and organized about 317 campus activities. Taiwan has more than 500 high schools and more than 700 junior high schools, so our reach is still limited. We therefore hope to recruit more volunteer lawyers for rule-of-law education."

    "If some of the other projects seem too technical or hard-edged, this is a softer way to support reform. Please help us bring rule-of-law education to more students."