The Judicial Yuan yesterday publicly urged a senior judge who was suspended from office for influence peddling early this year to voluntarily withdraw his application for reinstatement.
According to Judicial Yuan Secretary-General Lin Ching-fang (林錦芳), Hsiao Yang-kuei (蕭仰歸) has the right to apply for reinstatement upon expiration of his period of suspension and the Judicial Yuan is unable to reject his application based on the Civil Service Protection Act (公務人員保障法) and the Judicial Personnel Act (司法人員人事條例).
However, Lin said, the Judicial Yuan hoped that Hsiao would voluntarily drop the idea of being reinstated, also describing him as “unsuitable” for the position.
“We hope he will protect the reputation of the judiciary and know when to cut his losses,” Lin said.
Hsiao, from the Supreme Court, was impeached in October last yearby the Control Yuan, for illegally lobbying another judge to rule favorably in a hit-and-run case involving his son.
The Commission on the Disciplinary Sanctions of Functionaries decided in January to suspend Hsiao for six months.
When his suspension ended late last month, Hsiao filed an application with the Supreme Court on Monday to be reinstated.
By law, the Judicial Yuan has to notify him of his reinstatement within 30 days of submitting an application.
Commenting on the issue, Judicial Reform Foundation executive director Lin Feng-cheng (林峰正) said the Commission on the Discplinary Sanctions of Functionaries should be held responsible for the dilemma because it should have handed down a heavier punishment for Hsiao than just a suspension.
Legislators across party lines also expressed disappointment over the news of Hsiao’s possible reinstatement and called on the Judicial Yuan to transfer him to some other position if he is allowed to return to work.
“It will hurt the judiciary if Hsiao is allowed to remain as a judge,” said Democratic Progressive Party Legislator Tsai Huang-liang (蔡煌瑯) of the.
Chinese Nationalist Party (KMT) Legislator Lu Hsueh-chang (呂學樟), meanwhile, said that Hsiao should make a public apology to society before he could be allowed to return to work.