July/2/2003 JFBA Adopts Basic Policy on Legal Services Center Plan

The board of governors of the Japan Federation of Bar Associations (JFBA) adopted the basic policy on the Legal Services Center (LSC) plan on 21 June, 2003. Progress Leading up to Adoption The basic policy was drafted on the basis of the interim report issued by the JFBA Working Group on Legal Services Center on 23 May, 2003, the countermeasure adopted by the JFBA Committee on Criminal Justice on 6 June, 2003 and the discussions within the JFBA Central Board on Judicial Reform. The policy was then finalized after taking the board's views into account. This policy basically sees the LSC plan as a device to create and expand the information desks for access to justice, to develop legal aid activities including public defense and to advance measures against regional shortages of attorneys. The policy is composed of the following eight pillars:    1.  LSC's Roles and Functions The LSC shall serve as an information desk for access to justice, take over and develop various activities that the Japan Legal Aid Association has been carrying out, undertake new tasks in order to meet changing public demands, and play a central role in supporting the public defender system. Also, throughout the planning process of the LSC, it is important to bear in mind the vital need to deliver high-quality legal services and to ensure attorneys' autonomy and independence in rendering legal services.    2.  Need for Substantial Fiscal Measures It is necessary to take substantial fiscal measures in the LSC's working and managing budgets.    3.  Method of Rendering Legal Services The LSC services shall be provided by outside private practicing attorneys (judicare system) with the support of staff attorneys.    4.  Form of LSC If the LSC is established as an independent administrative agency, it shall be a non-public-servant-type entity so as to remain independent and impartial.    5.  Institutional Framework to Guarantee Attorneys' Independence in Rendering Legal Services With a view of maintaining attorneys' autonomy and independence in rendering legal services, rules to guarantee the independence need be stipulated in individual laws, and a fair and neutral panel shall be created so that the panel's views may be respected in deciding important issues such as personnel affairs.    6.  LSC Officers and Staffs Since practicing attorneys need to play a central role in operating LSCs, bar associations shall provide necessary officers and staffs.    7.  Relation to Activities of the JFBA and Local Bar Associations Law offices and legal counseling centers supported by the JFBA or local bar associations shall properly share responsibilities with LSCs, taking into account community demands, profitability and activities that the bar associations have been carrying out.    8.  Relation to Legal Counseling Activities of Local Governments It is necessary to ensure that local governments' services including legal counseling will not be degraded by the establishment of LSCs. Future Progress and JFBA's Commitment The project team headed by Mr. Sugiura, a member of the Liberal Democratic Party (LDP), held a meeting to exchange views with the JFBA and other organizations concerned on 26 June, 2003. The LDP intends to form its opinion this autumn after further discussions with lawmakers based on the meeting results. A government agency, the Office for Promotion of Justice System Reform, will proceed with the lawmaking process in line with the discussions within the Office's Advisory Board, and submit a bill to the ordinary Diet session next year. The JFBA will be required to develop concrete plans for the institutional framework and to proceed to the LSCs' establishment. There remain many issues to be discussed; however, the JFBA need to take a positive and independent stance on the LSC planning so as not to allow bureaucrat-led administration of LSCs.