The Judges’ Association of the Republic of China yesterday asked Keelung District Court judge Chen Chih-hsiang (陳志祥) to stop commenting in public about a sexual harassment case involving former Taipei High Administrative Court judge Chen Hung-pin (陳鴻斌), and recommended that he undergo an evaluation to determine his suitability for the post.
The Court of the Judiciary, which adjudicates disciplinary cases involving judges, in 2016 ruled that Chen Hung-pin sexually harassed his assistant and that he should be dismissed. It was hailed as a landmark decision, as it was the first time a Taiwanese court ordered a judge’s dismissal because of sexual harassment.
Chen Hung-pin filed an appeal and the same court — in which Chen Chih-hsiang served as one of the five judges — overturned the ruling. It decided instead to fine him an amount equal to his annual salary of about NT$2.16 million (US$73,828) and allow him to continue serving as a judge, arguing that he had shown remorse and that only three of the eight incidents constituted harassment.
Photo courtesy of Hit FM
The second ruling sparked a public outcry and Taiwan High Court judge Hsieh Ching-hui (謝靜慧), one of the five judges who presided over the appeal, has resigned.
Meanwhile, Chen Chih-hsiang has appeared in radio shows and television talk shows defending Chen Hung-pin, prompting a reaction from the judges’ association.
“Judge Chen Chih-hsiang has been accepting radio and television interview requests. Even though he says he is trying to explain his rationale behind the ruling, many of his comments have harmed the victim. We ask the judge to immediately stop making such statements to the media,” the association said in a statement on Facebook.
It also asked the Judicial Yuan’s Judicial Evaluation Committee to investigate Chen Chih-hsiang for potential violations of the judges’ code of ethics.
Chen Chih-hsiang said he is also a member of the association and that the group should have informed him in advance before making such a statement out of consideration for morality and justice.
He said he was only trying to clarify the reasoning behind the ruling.
“All I wanted to do is tell people that the court came to the conclusion that this was not a case of sexual harassment. That is all,” he said.
He had not accepted the interviews for personal gain, but to clarify the facts, adding that the verdict he wrote was still being revised by other judges, and that the public might misunderstand the judicial system if he does not speak up.
Chen Chih-hsiang, who has served as a judge for 30 years, said that he does not like to go on television, nor is he running for election, as he is not interested in publicity.
He also said that his comments were made based on his conscience and as a professional, and that he accepts criticism from members of the public.
Judges should not change their opinions based on public reaction, and he will not change his position, he said, adding that he would not respond to further comments from the association.
This story has been amended since it was first published to correct Chen Hung-pin's former title.
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