The Disciplinary Court recently ordered that judge Chiang Li-hsiang (姜麗香) of the Shilin District Court be removed from office for covering up a sexual assault case in Taitung County, and that judge Hou Hung-wei (侯弘偉) of the Kaohsiung District Court be removed from office for leaking information about the case to the suspect, surnamed Lin (林).
The two judges are to be transferred from their posts and downgraded to “judicial associate officers” of the same court. They would become regular civil servants, so their annual salaries would be reduced by more than NT$1 million (US$32,522) and their retirement pensions are likely to shrink.
Judges are responsible for making judgements in court. In criminal cases, they are authorized to decide whether a defendant is guilty and on the severity of the penalty. In civil cases, they are authorized to decide whether a party wins or loses a lawsuit. As long as they do not break the law or commit major misconduct, they are protected by the spirit of “trial independence.”
Also, the salaries of judges are much higher than those of regular civil servants, in the hope that they can concentrate on making judgements honestly and justly, so that social justice can prevail.
As for judicial associate officers, their main duty is to assist judges during trials, but they are not authorized to make judgements by themselves.
In this case, the Disciplinary Court found that the two judges’ misconduct were so serious that they were no longer qualified for the job.
It is indeed rare for the court to directly downgrade judges to judicial associate officers.
However, to make the judiciary fit for purpose and ensure greater public trust, the court should have issued heavier punishments, so that it would not be criticized for “much said, but little done.”
The mere job transfers would not only fail to warn other unmindful or even ill-minded judges who are ready to cause trouble, but also exacerbate the problem, as the judiciary’s low reputation is likely to go from bad to worse.
Judges are paid a high salary, which is commensurate with the hard work they are expected to do. Since they are authorized to determine the rights and wrongs of legal cases, they should have a higher standard of accountability and ethics than regular civil servants, and they should be punished more severely in case of major misconduct.
By doing so, Taiwan can uphold the principle of fairness and justice, and save the judiciary’s poor image.
Tien Feng-wen
New Taipei City
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