May/23/2003 Draft Declaration of Judicial Reform 2003 - Aiming at Realization of "Justice of the People"

Since 1990, with its goal of fully guaranteeing people's rights and building an affluent democratic society, the Japan Federation of Bar Associations (JFBA) has proclaimed declarations appealing for judicial reform six times and has actively contributed to judicial reform aimed at the "Justice of the People", an ideal system based on the principle of democracy. As a result of such efforts, the Justice System Reform Council (JRC) submitted the prime minister the recommendations having proposed to implement fundamental and comprehensive reform of Japan's judicial system for the first time in half a century, and thereafter, the Office for Promotion of Justice System Reform (hereinafter referred to as "Office") was created within the Cabinet. The government is now at a pivotal stage in designing institutional arrangements and turning the JRC's recommendations into laws in accordance with the Office's Program for Promoting Justice System Reform. The JFBA has been actively engaged in system reform aimed at establishment of the "Justice of the People", while ensuring that the JRC's recommendations are neither emasculated nor made to atrophy and that the lawmaking proceeds in such a manner that is transparent and open to the public. After all these efforts, the government enacted three laws related to law schools which put great importance on the process of professional training and education, determined to introduce the part-time judge system and created the Judge Appointment Consultation Commission for Inferior Courts in the Supreme Court so that the people may also participate in the appointment process for judges. Meanwhile, the JFBA has been carrying out the practicing attorney system reform to promote transparency and effectiveness of procedures for discipline maintenance and disciplinary actions. As judicial reform is entering a crucial phase this year, Japan is faced with a vast array of substantive issues including criminal justice reform and the establishment of a 'saiban-in system' wherein laypersons would also serve as members of a judicial panel. Aiming at radical reform of the judicial system, we commit ourselves to an all-out effort at working on the following eleven key reform issues:   1)  (a) To introduce a saiban-in system in which more than three times as many saiban-in as judges would sit on a judicial panel in a criminal case so that the people being saiban-in may subjectively and substantially take part in making decisions; and (b) to implement drastic reform of criminal justice by putting much greater emphasis on trial procedure and rigorously enforcing principles of directness and orality to be observed in court proceedings so that saiban-in may easily understand cases;   2)  To institute the nationally funded defense counsel system wherein the right to counsel of every detainee is effectively guaranteed, while maintaining attorneys' autonomy and independence in rendering legal services;   3)  To reform the career system of judges in line with the JRC's recommendations such as: substantiating the roles of the Judge Appointment Consultation Commission for Inferior Courts; creating a system for getting for assistant judges other work experience; and largely increasing the number of judges and public prosecutors;   4)  To establish the Legal Services Center Plan whereby attorneys' independence is virtually ensured and whereunder bar associations' opinions are fully reflected in the formation and operation of legal services centers. This should be done through development of bar associations' achievements to date in the activities including legal counseling centers, law offices supported by the JFBA or local bar associations, legal aid, the duty attorney system, and ADR;   5)  Through effective enforcement of the Speedy Trials Law, to develop the judicial infrastructure so as to ensure fair and speedy trials, and to improve transparency in court proceedings by introducing discovery by each party;   6)  To oppose to the uniform introduction of attorney fee shifting and to explore the possibility of introducing such fee shifting on a case-by-case basis, not to hinder, but to promote people's access to justice;   7)  To assure the enactment of the "Draft Bill on Administrative Litigation" that the JFBA has proposed, in order to implement drastic reform of the administrative litigation system and strengthen the judiciary's roles in checking the power of the executive branch;   8)  To establish a system of lay participation in labor litigation and to improve the effectiveness of the litigation;   9)  To provide sufficient financial assistance to law schools and students, ensure geographically balanced distribution of law schools, and institute the accreditation system to conduct third-party evaluation of whether a law school has the qualities required to be a professional training and education institute;   10)  To further develop activities to provide public legal education at school and various other settings since such education would contribute to the effective operation of a saiban-in system; and   11)  To urge government to take radical fiscal measures necessary and sufficient to achieve the goals of judicial reform. Japan is now urged to implement reforms in various fields to build a transparent and fair society where the rule of law is established in its entirety and the vulnerable are never abandoned. Practicing attorneys and bar associations are no exception. We must engage in efforts directed at Japan's system reform through expanding the sphere of our activities, fostering our professional skills and high ethical standards in our profession and becoming more familiar, reliable and useful to the public according to the spirit of the regional judicial system plan that bar associations have been pushing forward. The JFBA hereby declares its commitment to actively undertaking judicial reform aimed at the "Justice of the People" on its own in the pursuit of developing a transparent and fair democratic society where people's rights are fully guaranteed. Tohru MOTOBAYASHI President Japan Federation of Bar Associations May 23, 2003