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
Trying to force a partnership between Taiwan Semiconductor Manufacturing Co (TSMC) and Intel Corp would be a wildly complex ordeal. Already, the reported request from the Trump administration for TSMC to take a controlling stake in Intel’s US factories is facing valid questions about feasibility from all sides. Washington would likely not support a foreign company operating Intel’s domestic factories, Reuters reported — just look at how that is going over in the steel sector. Meanwhile, many in Taiwan are concerned about the company being forced to transfer its bleeding-edge tech capabilities and give up its strategic advantage. This is especially
US President Donald Trump’s second administration has gotten off to a fast start with a blizzard of initiatives focused on domestic commitments made during his campaign. His tariff-based approach to re-ordering global trade in a manner more favorable to the United States appears to be in its infancy, but the significant scale and scope are undeniable. That said, while China looms largest on the list of national security challenges, to date we have heard little from the administration, bar the 10 percent tariffs directed at China, on specific priorities vis-a-vis China. The Congressional hearings for President Trump’s cabinet have, so far,
US political scientist Francis Fukuyama, during an interview with the UK’s Times Radio, reacted to US President Donald Trump’s overturning of decades of US foreign policy by saying that “the chance for serious instability is very great.” That is something of an understatement. Fukuyama said that Trump’s apparent moves to expand US territory and that he “seems to be actively siding with” authoritarian states is concerning, not just for Europe, but also for Taiwan. He said that “if I were China I would see this as a golden opportunity” to annex Taiwan, and that every European country needs to think
For years, the use of insecure smart home appliances and other Internet-connected devices has resulted in personal data leaks. Many smart devices require users’ location, contact details or access to cameras and microphones to set up, which expose people’s personal information, but are unnecessary to use the product. As a result, data breaches and security incidents continue to emerge worldwide through smartphone apps, smart speakers, TVs, air fryers and robot vacuums. Last week, another major data breach was added to the list: Mars Hydro, a Chinese company that makes Internet of Things (IoT) devices such as LED grow lights and the
RSS