KMT Legislator Chen Chien-min's (陳健民) proposal to disqualify people under the age of 45 or older than 65 from serving on the Council of Grand Justices put Judicial Yuan Vice President Cheng Chung-mo (城仲模) in the spotlight. Cheng is the most likely candidate to become president of the body should the proposal be passed.
Chen submitted the proposal on Feb. 20 at a meeting of lawmakers to review amendments to the Organic Law of Judicial Yuan Organization (司法院組織法), initially proposed by the Judicial Yuan last year.
In addition to the age restrictions, Chen's proposal states that only those grand justices who have served for more than three years will be qualified to become president or vice president of the Judicial Yuan.
TAIPEI TIMES FILE PHOTO
The proposal was seen as a political maneuver to block the reappointment of Judicial Yuan President Weng Yueh-sheng (翁岳生). Weng will turn 71 on July 1.
Cheng is six years younger than Weng. He turn 65 on Oct. 30, about two months after the Sept. 1 nomination date for grand justices. Cheng would be allowed to take up the presidency under Chen's proposal as he has also served as a grand justice for four years.
Cheng hails from Tainan -- President Chen Shui-bian's (陳水扁) hometown. He possesses various law degrees, including a bachelor's degree from Soochow University, a master's degree from Waseda University in Japan and a doctoral degree from the University of Vienna. In addition, he conducted post-doctoral research at the University of Wisconsin-Madison in 1971.
He served as a grand justice from 1994 to 1998 and as the minister of justice from 1998 to 1999. In addition, he taught law at National Chungshing University (
Defending the proposed age restrictions, Chen said that no one over the age of 65 has been nominated as a grand justice since 1971.
The current 15 grand justices, including the president and vice president of the Judicial Yuan, were nominated by the head of state with the consent of the legislature. Their eight-year term will expire on Oct. 1.
In an interview with the Taipei Times on Jan. 23, Weng said the amendments of the Organic Law of Judicial Yuan Organization are part of judicial-reform plans that Weng and his colleagues have been working on since 1999.
"We must try our best to persuade lawmakers to pass it [the amendments] before Oct. 1. Otherwise, the entire schedule for judicial reform will be delayed," Weng said.
His remarks referred to a merger scheduled for Oct. 1.
According to the plan for judicial reform, the Administrative Supreme Court, the Supreme Court and the Government Official Evaluation Committee will be dismissed and replaced with three new departments under the Judicial Yuan -- a Civil Court, a Criminal Court and an Administrative and Evaluation Court.
DPP legislative whip Chen Chi-mai (陳其邁) said Chen Chien-min's proposal was not reasonable. He accused Chen Chien-min of trying to use the measure to get back at Weng, who turned down Chen Chien-min for a job three years ago.
"First of all, the amendments by Judicial Yuan were based on the agreements of the 1999 National Judicial Reform Seminar. The KMT was the ruling party then. Chen Chien-min participated in the seminar as well but now he is trying to overturn those agreements," Chen Chi-mai said.
"In addition, I believe that he did this on purpose since Weng turned him down three years ago, when he was looking for a position at the Judicial Yuan," he said.
Chen Chien-min dismissed Chen Chi-mai's allegations. He said he was a Cabinet official three years ago and it was impossible for a Cabinet official to ask for a job at the Judicial Yuan.
"That is a malicious lie. You are more than welcome to confirm it with President Weng to see who is lying," Chen Chien-min said. "What I did was for judicial reform. I want to contribute to the process, too. And I believe what I did was right."
Speaking on behalf of Weng at a press conference on Feb. 20, Judicial Yuan Secretary-General Yang Jen-shou (楊仁壽) said that it would be indiscreet and unfair to introduce an age limit, saying no other countries have such a practice. But Yang added that Weng is not interested in fighting for a position for himself.
"Weng only hopes that judicial reform will proceed on schedule. He is not worried about himself. However, what Taiwan needs is a judicial leader with vision, wisdom and a commitment to judicial reform," Yang said.
At the press conference, Yang said that Chen Chien-min's proposal has not been finalized. As a result, Judicial Yuan officials will seek to discuss the matter with the legislature.
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