20100725 It is time to reconsider the draft act on judges

It is time to reconsider the draft act on judges

By Lee Yung-ran 李永然
Sunday, Jul 25, 2010, Page 8

Taiwan was shocked last week by the arrest and detention of three High Court judges and a district prosecutor on suspicion of having taken bribes during the trial of a former legislator. The incident has once again brought to the fore ques­tions about the conduct and general discipline of judicial officials and it has badly undermined public confidence in Taiwan’s judiciary, which it has to be said was not particularly high to begin with.

The judicial system is the last line of defense for justice in any country. As such, judges are supposed to adjudicate cases fairly and objectively, and in an upright and incorruptible manner, neither wronging the innocent nor sparing the guilty, so as to uphold truth and justice.

Public trust in the government is what guarantees social harmony, shores up the foundation of the state and maintains peace and security. As Article 80 of the Constitution clearly states: “Judges shall be above partisanship and shall, in accordance with the law, hold trials independently, free from any interference.”

The state has done what it can to improve High Court judges’ pay and conditions so as to ensure the quality of adjudication. Its purpose in doing so is to maintain a fair, honest, clean and effective judicial system.

However, recent years have seen a number of concerning incidents of judicial misconduct and these make it all the more urgent that the judicial system be reformed and strengthened as a priority, because that is the only way to restore public faith.

In the past allegations of bribery have mainly involved individuals, whereas in the current case judges are being accused of “collective bribe-taking” — something previously unheard of. The incident not only casts doubt on the fairness of adjudication, it has also embarassed and tarnished the reputation of the entire judiciary.

For many years, the most common complaint about judicial officials is that too much power is concentrated in their hands without any checks and balances. It was for this reason that 20 years ago the Judicial Yuan proposed a draft act on judges, including a stipulation that judges found to be unfit for their posts should be dismissed. It was a good idea at the time and has only become more so over time. Unfortunately, the bill has been gathering dust in the legislature ever since. In consequence, mechanisms for overseeing judges and weeding out the bad ones have never really got beyond the drawing board.

Judicial reform is not just a slogan. It requires iron-willed determination and a proper system of oversight. The most important task right now is to revive the draft act on judges and to make sure it has teeth. Judges and prosecutors need to be regulalry evaluated and those who are unfit to serve in such lofty positions dismissed forthwith. Judicial officials are the guardians of justice and human rights. They should not be allowed to sacrifice the long-term interests and prestige of the nation on the altar of their own own selfish purposes.

Citizens expect judges to be upstanding, incorruptible and able to distinguish clearly between right and wrong. If judges themselves go cannot tell the difference, how can they be expected to keep other people on the straight and narrow?

Rectifying judicial practice and upholding the quality of adjudication are important tasks that need to be dealt with now. Everyone is waiting to see what the Judicial Yuan will do to restore public confidence in Taiwanese justice.

Lee Yung-ran is a lawyer and president of the ­Chinese ­Association for Human Rights.