
End Wandering Courts: JRF's Open Call for Cases
In the past, the JRF assisted Mr. Chang Kuo-lung (張國隆) and Mr. Ko Fang-tse (柯芳澤), both petitioners in Judicial Yuan Interpretation No. 725, through thirty years of criminal litigation before they were finally acquitted. Recently, we received another client grievance regarding a criminal case that was indicted in 2006 (the 95th year of the Republic) and, after 20 years, still lacks a final conclusion.
Upon further investigation, we found that during this protracted litigation—prolonged by numerous factors such as frequent rotations of judges and defendants passing away due to old age—the handling attorneys could do little more than ask the clients to wait patiently. The root cause of all this is systemic failure.
II. The Phenomenon of "Wandering Courts": Plights of Litigants and the Judicial System
With the assistance of Legislator Wu Szu-yao's (吳思瑤) office, we obtained relevant statistical data. Surprisingly, the data reveals that as of the end of May 2025 (the 114th year of the Republic), there were still 145 civil cases and 41 criminal cases pending before the High Courts for over ten years since their initial attachment in the first instance, along with 28 civil cases in the District Courts, totaling over 200 cases!
| High Courts Table of Unresolved Civil and Criminal Cases Pending for Over Ten Years Since Initial First-Instance Litigation Attachment Without Final Judgment |
||
| C o u r t |
Civil | Criminal |
| End of May 2025 | End of May 2025 | |
| Taiwan High Court | 95 | 37 |
| Taichung Branch, Taiwan High Court | 28 | 2 |
| Tainan Branch, Taiwan High Court | 8 | 2 |
| Kaohsiung Branch, Taiwan High Court | 14 | 0 |
| Hualien Branch, Taiwan High Court | 0 | 0 |
| Kinmen Branch, Taiwan High Court | 0 | 0 |
| Total | 145 | 41 |
| District Courts Table of Unresolved Civil and Criminal Cases Pending for Over Ten Years Since Initial First-Instance Litigation Attachment Without Final Judgment |
||
| C o u r t |
Civil | Criminal |
| End of May 2025 | End of May 2025 | |
| Intellectual Property and Commercial Court | 1 | 0 |
| Taipei District Court | 2 | 0 |
| Shihlin District Court | 2 | 0 |
| New Taipei District Court | 3 | 0 |
| Taoyuan District Court | 1 | 0 |
| Hsinchu District Court | 0 | 0 |
| Miaoli District Court | 0 | 0 |
| Taichung District Court | 15 | 0 |
| Nantou District Court | 0 | 0 |
| Changhua District Court | 1 | 0 |
| Yunlin District Court | 0 | 0 |
| Chiayi District Court | 0 | 0 |
| Tainan District Court | 1 | 0 |
| Kaohsiung District Court | 1 | 0 |
| Qiaotou District Court | 0 | 0 |
| Kaohsiung Juvenile and Family Court | 0 | 0 |
| Pingtung District Court | 0 | 0 |
| Taitung District Court | 0 | 0 |
| Hualien District Court | 0 | 0 |
| Yilan District Court | 0 | 0 |
| Keelung District Court | 0 | 0 |
| Penghu District Court | 0 | 0 |
| Kinmen District Court | 1 | 0 |
| Lienchiang District Court | 0 | 0 |
| Total | 28 | 0 |
Although criminal cases are governed by the Criminal Speedy Trial Act, its effects are limited to the duration of detention, mitigation of defendant sentencing, and limitations on the number of appeals. It offers no help to the right to a speedy trial for litigants whose cases remain pending in the first instance or who consistently maintain their innocence while wandering through the courts. Needless to say, civil and administrative cases lack any corresponding regulations on speedy trials, leaving litigants trapped in endless litigation with no end in sight.
The phenomenon of "wandering courts" not only severely impacts litigants but also weighs heavily on the judicial system like an unyielding behemoth.
While conducting meticulous trials in pursuit of truth and clear legal relationships is commendable, reality is often grim. Taking the individual case accepted by the JRF this time as an example, the prosecutor indicted over 40 defendants, making it extremely difficult for the court merely to clarify the factual relationships. Subsequently, due to the excessive duration of the case and the successive deaths of defendants, the courts issued rulings dismissing the public prosecution one after another.
Similarly, in the RCA case (a public nuisance case where the Radio Corporation of America illegally dumped organic solvents, causing a massive outbreak of cancer among workers), facing 445 victims, the first-instance court also took 8 years and went through 4 presiding judges to complete the judgment. Behind these more than 200 cases, individual handling judges have been left to shoulder the burden entirely on their own!
After receiving the client's grievance, we filed an official document with the Judicial Yuan pursuant to the Freedom of Government Information Law to request relevant statistical information, hoping to study the causes of "wandering courts" and formulate countermeasures. Regrettably, the Judicial Yuan replied that "current official statistical reports do not contain relevant statistical content, and we are therefore unable to provide it." It was not until our organization asked Legislator Wu Szu-yao's office to assist that these relevant statistics were finally obtained.
At a time when the burden on the judicial system is nearing a breaking point, the delays in over 200 cases affect handling judges, prosecutors, defense counsel, litigants, and even their families. Yet, the judicial administration system appears indifferent to the long-standing backlog and the resulting burden on the judiciary and fatigue suffered by litigants, lacking even basic statistical and research habits. The JRF is deeply concerned about this!
III. Our Organization Officially and Publicly Calls for Case Submissions Starting Immediately. We Welcome the Taiwan Bar Association, Local Bar Associations, and the Public to Submit Relevant Cases
To thoroughly investigate the causes of the predicament of wandering courts and further invest in countermeasures to end this backlog dilemma, we are officially calling for public case submissions from the Taiwan Bar Association, local bar associations, and the general public starting today:
For any civil, criminal, or administrative litigation cases handled where "the first-instance litigation has been pending for over ten years without a final judgment," please provide the following information:
(1) Case type, case number, and the date of initial first-instance litigation attachment.
(2) Contact information of the litigant or handling attorney.
(3) Potential causes of case delay based on your observation (e.g., frequent rotations of judges, complex legal issues, stagnant appraisal procedures, numerous defendants, etc.).
Conducting in-depth analysis into why cases "wander" is not only about resolving individual disputes so that litigants' lives are no longer left in limbo; it is also about identifying different types of stalled cases amidst a time when judicial officers are already heavily burdened, and thereby seeking systemic support from judicial administration. We also call upon all sectors to jointly discuss the causes of wandering courts and work hand-in-hand to formulate systemic solutions that mend the deep-seated ills of the judicial system and ensure justice arrives on time.
Contact Person
Legal Specialist, Case Action Department | Ms. Chang
Telephone: 04-2329-2372 #14
Email: jc@jrf.org.tw
