JFBA Statements
 and News Release

JFBA Public Statements and Opinion Papers
News Release
Events
  August/1/2003
Judicial Reform: Important Future Tasks and Main Points
 
The Office for Promotion of Justice System Reform created within the Cabinet on 1 December, 2001 will be dissolved and therefore cease to operate at the end of November, 2004.

By the time of its dissolution, the Office is required to draft many bills, such as those on a saiban-in system (wherein laypersons would also serve as members of a judicial panel), criminal justice reform, a nationally funded defense counsel system, legal services centers, attorney fee shifting, administrative litigation reform, labor litigation reform and expansion of ADR. Those bills are of significant social importance in comparison with already-drafted bills. The Office regards those as the most significant and far-reaching bills, and foresees that it is not an easy task to enact those bills.

The Japan Federation of Bar Associations (JFBA) must make concerted efforts to accelerate following reforms according to the "JFBA Declaration of Judicial Reform 2003 - Aiming at Realization of 'Justice of the People'" adopted by the JFBA annual meeting this May.
(1)
 Saiban-in System
The JFBA aims to establish a "saiban-in system" as a new structure that could allow laypersons to subjectively and substantially take part in making decisions.

The main points include:
  
 a.
 the proportion of judges and saiban-in (laypersons);
  
 b.
 a random selection of saiban-in;
  
 c.
 details of saiban-in's obligations;
  
 d.
 what the court proceedings based on the principles of directness and orality should be;
  
 e.
 the establishment of deliberation and verdict rules; and
  
 f.
 relations to freedom of the press.

On 25 July, 2003, a bipartisan group was created to promote the establishment of a saiban-in system. Each local bar is required to vigorously lobby the local government and to promote a campaign for a saiban-in drama showing.
(2)
 Criminal Justice Reform
The JFBA aims at trials giving greater importance to court proceedings, full-fledged discovery, electronic recording of criminal interrogations, and drastic reform of the hostage justice.

The main points include:
  
 a.
 ideal preparatory procedures for trials;
  
 b.
 a duty to clarify disputed facts;
  
 c.
 discovery;
  
 d.
 electronic recording of criminal interrogations; and
  
 e.
 detention system reform.

(3)
 Nationally Funded Defense Counsel System
The JFBA aims to guarantee the right for suspects and defendants to receive the assistance of counsel.

The main points include:
  
 a.
 a body responsible for the running of the system;
  
 b.
 cases to be covered under this system (bars' handling capacity);
  
 c.
 the establishment of the rules of all local bars;
  
 d.
 introduction of a nationally funded attendant system; and
  
 e.
 an appropriate amount of attorney fees.

(4)
 Legal Services Center (LSC)
The JFBA aims to establish LSCs that develop bar associations' achievements to date and to promote public access to justice and legal aid.

The main points include:
  
 a.
 a body responsible for the running of LSCs;
  
 b.
 details of LSCs' activities;
  
 c.
 the maintenance of attorneys' autonomy and independence in rendering legal services;
  
 d.
 a form of LSC;
  
 e.
 personnel affairs;
  
 f.
 a budget; and
  
 g.
 relations to the JFBA activities

(5)
 Attorney Fee Shifting Rule
The JFBA opposes to the uniform introduction of attorney fee shifting and aims to explore the possibility of introducing the fee shifting on a case-by-case basis, not to hinder, but to promote access to justice.

It is an encouraging sign that the JFBA has gradually gained the support from the media; however, it is necessary to further promote nationwide grass-roots campaign and lobbying activities.
(6)
 Administrative Litigation Reform
The JFBA aims to carry out drastic reform of the administrative litigation system in order to strengthen, based on the principle of democracy, the judiciary's roles in checking the power of the executive branch.

The reform movement has grown among junior members of the Diet. The JFBA will also work with the Ministry of Justice and the Supreme Court in order to ensure that the consultation groups of experts under the Office will dedicate all their strength to judicial reform.
(7)
 Law School
The main points include:
  
 a.
 financial assistance to law school students and reinforcement of law schools' financial strength;
  
 b.
 an allowance payments system for judicial apprentices;
  
 c.
 what the new national bar examination should be;
  
 d.
 what the new judicial apprenticeship should be;
  
 e.
 the support for the nomination of the Japan Law Foundation to be an institute to conduct third-party evaluation of whether a law school has the qualities required to be a professional training and education institute; and
  
 f.
 course curriculum and material designs.

(8)
 Reform of Judges' Career System
As to the rules that have already been incorporated into the Rules of the Supreme Court, due care should be exercised when putting those into practice.

The main points include:
  
 a.
 a judicial evaluation system;
  
 b.
 judges' diverse other work experiences; and
  
 c.
 the phased abolition of the tokurei-hanjiho system giving assistant judges the same authority as judges.

(9)
 Attorney System Reform
Based on the partial amendments to the Practicing Attorney Law, the JFBA must initiate revision of the JFBA's Articles of Association and Rules, create a new committee and amend the Code of Ethics.
(10)
 Others
Labor litigation reform, intellectual property litigation reform and an expansion of ADR are now entering a crucial phase. The JFBA must also redouble efforts to achieve the drastic increase in the number of judges and public prosecutors.