Opinion Paper Requesting Appointment of Foreign Nationals as Conciliation Commissioners and Judicial Commissioners
Full Text (PDF:16KB)
Presently, each bar association nominates its member attorneys as candidates for civil or family affairs conciliation commissioners at the request of district or family courts.
However, the Supreme Court has rejected the appointment of attorneys with foreign (Korean) nationality nominated by the Sendai, Tokyo, Osaka, and Hyogo bar associations, as conciliation commissioners on the ground that a conciliation commissioner is a public officer “who engages in acts involving the exercise of public authority” and therefore an attorney with foreign nationality is prohibited from becoming a conciliation commissioner. The Supreme Court has adopted a similar stance on the appointment of judicial commissioners.
In the light of the aims of the conciliation system and the judicial commissioner system and the roles and authorities of conciliation/judicial commissioners, it is apparent that a person of advanced integrity and insight, who is familiar with Japanese society, culture, and the general opinions of its citizens, is entirely capable of performing these duties, regardless of their nationality.
Accordingly, the JFBA adopted the “Opinion Paper Requesting Appointment of Foreign Nationals as Conciliation Commissioners and Judicial Commissioners,” on March 18, 2009, and submitted it to the Secretary General of the Supreme Court, on March 27, 2009.