White Paper on Attorneys 2015

Contents

Section 1 Duty Attorney and Court-Appointed Attorney Systems　…　36

I.	Outline of Duty Attorney and Court-Appointed Attorney Systems		36
II.	Current Situations of Duty Attorneys (Toban Bengoshi)		37
III.	Changes in the Number of Duty Attorney Requested Cases, Appointed Cases and Criminal Suspect Defense Aid Cases		38

Section 2 The Status of Defense Attorneys Involvement in the Overall Criminal Cases　…　39

I.	The Status of Court-Appointed Attorney Contracts, and the Number of Defendants with Court-Appointed Attorneys		39
II.	Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts		40
III.	Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts		40
IV.	Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts		41

Section 3 Defense Activities in Juvenile Cases　…　42

I.	Changes in the Number of Juvenile Probation Cases (at Family Courts) and the Proportion of Cases in which Attendants are Present		43

Section 4 The Lay Judge System　…　44

I.	Cases Determined by Lay Judges		44
II.	Actual Practice of Lay Judge Trials		46
	1. The Number of Persons Who Have Been Subjected to Saiban-in (Lay Judges) Trials and Have Been Finalized		46
	2. Comparison of the Average Period Taken for Court Deliberations and the Average Period of the Pretrial Conference Procedure (by confession and denial), etc.		47

Section 1 Civil Lawsuits　…　50

I.	Attorneys' Involvement in Ordinary Civil Lawsuits before District Courts		50
II.	Attorneys' Involvement in Ordinary Civil Lawsuits before Summary Courts		52
III.	Changes in the Percentage of Appointed Attorneys in Ordinary Second Instance Trials (before High Courts)		53

Section 2 JFBA Support Activities for Affected People in Relation to the Great East Japan Earthquake　…　54

I.	Recommendations, etc. the JFBA has Issued and Legislations and Systems Realized		54

Section 1 Complaints and Dispute Conciliations 　…　62

I.	Complaints against Attorneys		62
II.	Dispute Conciliation		63
	1. Number of Dispute Conciliation Cases Newly Received		63
	2. Handling of Dispute Conciliation Cases (All Bar Associations)		63

Section 2 Disciplinary System for Attorneys and its Operation 　…　64

I.	Summary of the Disciplinary System for Attorneys		64
	1. Request for Discipline		64
	2. Investigation by Disciplinary Enforcement Committee		64
	3. Examination by Disciplinary Actions Committee		64
	4. Filing of an Objection, etc.		64
	5. Public Notice by the Official Gazette, etc.		65
II.	Statistics Regarding Disciplinary Actions		67
	1. Changes in the Number of Newly Accepted Requests for Disciplinary Actions (All Bar Associations)		67
	2. Number of Requests for Disciplinary Action and Details of Handling the Requests (All Bar Associations)		68
	3. Percentage of Disciplinary Actions (All Bar Associations)		69
	(1) Percentage of Cases with Disciplinary Actions out of All Requests for Disciplinary Actions		69
	(2) Changes in Percentage of Members with Disciplinary Actions		69
III.	Operation of the Disciplinary System		70
	1. Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA		70
	(1) Bar Associations		70
	(2) JFBA		70
	2. Processing Cases at Disciplinary Actions Committees of Bar Associations and the JFBA 186		71
	(1) Bar Associations		71
	(2) JFBA		71
	i. Objections		71
	ii. Appeals		71
	3. Processing Cases at the JFBA Board of Discipline Review		72
IV.	The Flow and Current Situation of Disciplinary Procedure		73

Section 1 The Operation of the Human Rights Redress System 　…　74

I.	Procedures for Human Rights Redress System		74
II.	The Number of Human Rights Redress Cases (by Category)		76

Section 2 Current Situations Regarding the Retrial Request Cases Supported by the JFBA 　…　77

I.	Current Retrial Request Cases Supported by the JFBA		77
II.	Achievement by the JFBA for its Support on Retrial Request Cases		77

Section 1 International Human Rights Activities　…　80

I.	Activities at the United Nations (UN)		80
II.	Activities Related to the UN and UN Human Rights Bodies		80

Section 2 International Exchange Activities 　…　81

I.	Membership of International Organizations		81
II.	MOUs with Overseas Bar Organizations		81

Section 3 International Cooperation 　…　83

I.	JICA Long-Term Experts Achievement		83
II.	Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country)		85

Section 4 Overseas Visiting Fellow Program and Support for Working in International Organizations 　…　87

I.	JFBA Overseas Visiting Fellow Program		87
II.	Past Overseas Visiting Fellows		87

Section 5 Support for Working in International Organizations 　…　89

I.	Support for JFBA Members Interested in Working in International Organizations		89
II.	Other Support		89

Section 1 Outline of the Japan Legal Support Center (Ho-terasu) 　…　90

I.	Ho-terasu		90
II.	Scope of Operations of Ho-terasu		90
III.	Entrusted Support Operations		91
	1. Support Operations Entrusted by the JFBA		91