At the beginning of
this New Year, I offer all of you my cordial good wishes.
This year will be a memorable year as the “Saiban-in
trial” is finally going to start. I am pleased that, due
to the efforts of all persons involved, notices for candidates
to be lay judges were sent out by the end of last year and the
preparations for this new system are progressing.
The Japan Federation of Bar Associations (JFBA) has been preparing
for the Saiban-in system with focusing on three issues:
1) to obtain understanding from the public, 2) to ensure the
quality and quantity of attorneys for the system, and 3) to
encourage as many JFBA members as possible to participate in
the system.
In order to promote the participation of its members, the JFBA
has been working to raise the fee standards for court-appointed
attorneys to an appropriate level and ensure that the members
understand the purpose of the Saiban-in system well.
I am confident that we are progressing and we will make further
efforts while promoting internal discussions.
A new system which allows crime victims to participate in criminal
trials and, for juvenile trials, sit in the public gallery started
last December. Open proceedings are particularly important in
Saiban-in trials and the skills of defense counsel
can greatly affect court rulings. Therefore, sufficient training
is essential in order to guarantee the defendant's right to
a defense and to improve the system and its operation including
the realization of video recording of the entire process of
interrogations throughout actual defense activities. The JFBA
will reinforce its training programs responding to the Saiban-in
trials to be implemented in six months and other new systems
for ensuring the quality and quantity of attorneys.
The JFBA’s urgent recommendations concerning the legal
population issued last July pointed out how law schools and
practical legal training should be. Related teams in the JFBA
continue to consider further recommendations on concrete measures
to eliminate problems in the legal professional training course
and on an appropriate pace to increase the number of legal professionals,
including the appropriate number of successful applicants to
the bar examination in the next fiscal year. I wish to make
recommendations on the legal professional training course in
January and, by the end of March, on the number of successful
applicants to the bar examination in and after the next fiscal
year. I am watching related discussions in order to “make
recommendations with obtaining public understanding”.
Employment of new attorneys who completed their legal training
in 2008 resulted in almost the same level as in past years thanks
to the efforts of everyone concerned. We are encouraging companies
to employ attorneys as in-house counsel in order to create job
opportunities for new attorneys in diverse areas. There are
certain developments as companies are gradually becoming active
in employing attorneys. In addition, a joint meeting on job
opportunities in the governmental sector has been launched.
However, such developments will not promptly create job opportunities
and, in the meantime, the employment situation of new attorneys
will be tough.
Many major issues are still ongoing, including reform of civil
trials, establishment of a consumer agency, and reform of the
civil legal aid system aiming to review the legal aid debt repayment
system and include voluntary services such as supporting criminal
suspects and attendant services for juveniles. These services
are currently entrusted by the JFBA to the Japan Legal Support
Center (JLSC). I will tackle these issues with a fresh mind.
I wish you a happy New Year.
Makoto Miyazaki
President
Japan Federation of Bar Associations
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