Op-Ed | What Era Is This That Note-Taking in the Gallery Is Still Prohibited?

During a homicide trial held under the Citizen Judges Act at the Taichung District Court yesterday, the presiding judge prohibited media reporters from taking notes during the proceedings under the pretext of "please show respect," yet failed to cite any legal basis or provide grounds for such a ruling.

Article 86 of the Court Organization Act stipulates that court arguments and the pronouncement of judgments shall be held in open court, barring statutory exceptions. Regarding the principle of open court trials, the Judicial Yuan issued an official letter (Yuan-Tai-Ting-Szu-I-Tzu No. 1000025703) to courts nationwide as early as 2011, explicitly stating that if note-taking in the courtroom does not disrupt courtroom order, judges should not prohibit members of the public in the gallery from taking notes. This is not only a right of personal record-keeping and comprehension, but also an indispensable way to guarantee judicial transparency and supervise the judiciary in a democratic society. In particular, one of the original design intents of the citizen judge system is to bring trials closer to society through more diverse participation; yet, when judges arbitrarily refuse note-taking in practice, it is tantamount to undermining society's trust in and support for citizen judge courts.

The Judicial Reform Foundation (JRF) has promoted court observation since 2003 and has long monitored the implementation of open court trials. Such incidents of preventing note-taking are not isolated cases. Recently, we have still received reports from lawyers and media personnel in places such as New Taipei and Kaohsiung; not only ordinary citizens, but even legal interns have encountered the same restrictions while attending trials as observers.

We call upon the Judicial Yuan to squarely face this issue, issue a press release to clarify the matter to all sectors of society, and initiate administrative supervision to ascertain whether courts at all levels still restrict the freedom of gallery observers to take notes in open court. At the same time, we sincerely invite lawyers, reporters, and citizens who have had similar experiences to provide the time, location, and relevant circumstances of the incidents they encountered. The JRF will compile these cases and officially send them via letter to the Judicial Yuan and various courts to jointly safeguard the most fundamental principle of open courts. If you have also experienced unreasonable treatment in judicial proceedings, you are welcome to make an appointment with the JRF's "Judicial Reform ER." Let your experience become a crucial driving force for judicial reform.

※ This article was published in the Liberty Reading Room on 2025/08/02