Thu, Jun 16, 2011 page8

• Futility of reform in ‘dinosaur’ judiciary

  • By Chin Heng-wei 金恒煒
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  Judges are supposed to uphold justice. They should be the last line of defense in the judicial system. It is surprising, then, that Taiwanese judges have come close to the bottom in the recently published Taiwan Social Trust Survey. This unfortunate fact is more than a warning. It is an absolute disgrace.

  The fact that the judiciary has arrived at this sorry state of affairs is certainly not without reason. Huang Jui-hua (黃瑞華) recently resigned as president of the Yilan District Court to protest the manner in which court officials and members of the Judicial Yuan tend to close ranks. This is another example of how bad things are. One is forced to conclude that the judiciary is something of a lost cause.

  Huang quit because as head of the district court she was not happy with the decision by the court’s disciplinary committee to downgrade a disciplinary action imposed on the hapless Judge Chen Jia-nien (陳嘉年) from a written admonishment, as she had recommended, to a mere reprimand. Then the Judicial Yuan’s Judicial Personnel Review Committee declined even to issue a reprimand, letting Chen off with just a verbal warning.

  With the disciplinary committee on one side and the personnel review committee on the other, both working to “protect their own,” Huang’s attempts at reform were destined to be thwarted. This being the case, her position became untenable. How could she not step down?

  To see Huang’s resignation as nothing more than a dig at the Judicial Yuan is to give the issue less gravity than it deserves.

  The important thing is that the Judicial Yuan missed an opportunity to redeem itself. In its own institutional self-interest, it frustrated Huang in her determination for reform and disciplinary action and subverted her authority as president of the district court.

  Judges operate with impunity, handing down harsh penalties to defendants while tolerating each other’s abuses. Good judges follow suit, and disregard the rights of the public, unconcerned about trust in the judiciary. This is the beginning of a very slippery slope.

  Huang began her resignation letter to Judicial Yuan President Rai Hau-min (賴浩敏) by asking him whether she was wrong. She asked him, when the interests of the judiciary come into conflict with the rights of the public, with which party the Judicial Yuan sides.

  Huang knows whom she sides with: The public.

  For her, Chen’s actions were a serious detriment to the rights of individuals involved in the cases he was hearing. First he neglected to ask social workers to attend the victim in a sexual assault trial, as is required, thereby subjecting her to a grueling cross-examination that ultimately resulted in her running from the court in tears. Chen had also delayed submitting papers for a year and 10 months. He has continually shown himself over the past three years to be a “dinosaur judge.”

  Rather than Chen being sacrificed to the cause of judicial reform, however, it has been Huang, the person who has been trying to live up to public expectations, who has been cast as the bad guy.

  Huang’s departure is but one chapter in this saga, but it at least shows us that courageous souls do still exist in that world, beacons of light in the darkness. We can only hope that she continues to shine, one day to rekindle the judiciary, to guide it back into the light.

  Well done, Huang Jui-hua. We applaud you.

  Chin Heng-wei is editor-in-chief of Contemporary Monthly magazine.

  TRANSLATED BY PAUL COOPER
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