Chapter 1 General Provisions
Article 1
The Judges Act is enacted to maintain the judicial independence of judges under the law, to protect the status of judges, and to establish the evaluation mechanism for judges in order to safeguard the right to a fair trial of the people.
The relationship between a judge and the state is a special commission of judgeship.
For matters not provided in this Act, relevant provisions of other laws shall apply.
Article 2
The term "judge" in this Act refers to the following individuals:
1. A Justice of the Judicial Yuan.
2. A judge of the Disciplinary Court.
3. A judge of any courts.
The term "judge" referred to in Subparagraph 3 of the preceding paragraph, unless specifically provided otherwise, shall include the judge-on-probation and judge-in-training.
The terms "court" and "president" referred to in this Act, unless specifically provided otherwise, shall include the Disciplinary Court and its President.
The term "judicial administrative staff" in this Act shall refer to the administrative personnel of the Judicial Yuan and the Judges Academy.
Article 3
Any provision of this Act not compatible with stipulations concerning Justices of the Judicial Yuan under the Constitution and the law shall not be applicable to the Justices.
Article 4
The Judicial Yuan shall establish the Judicial Personnel Review Committee to review the appointment and removal, office transfer, dismissal from office, transfer, evaluation, reward and discipline, certification or tenure of qualifications for the professional judgeship, extension of services under Article 11, as well as other matters subject to the review conducted by the Judicial Personnel Review Committee of the Judicial Yuan in accordance with the law.
The President of the Judicial Yuan shall be an ex officio member and the Chairperson of the committee referred to in the preceding paragraph. Except for members under Subparagraph 1, other members shall serve a one-year term and may be re-commissioned for another term. The quota and the means of selecting committee members shall be as follows:
1. Eleven members to be designated by the President of the Judicial Yuan.
2. Twelve judge representatives: one from the Supreme Court, one from the Supreme Administrative Court and the Disciplinary Court, two from the High Court, one from the High Administrative Court and the Intellectual Property and Commercial Court, and seven from district courts and the Juvenile and Family Court, to be elected by judges among themselves at all levels of courts.
3. Three academic experts: non-prosecutors or non-attorneys recommended respectively by the Ministry of Justice and the National Bar Association with three candidates and subject to the appointment by the President of the Judicial Yuan.
The academic experts shall have voting rights on the initial appointment, re-appointment, office transfer, dismissal from office, removal, reward and discipline, review on the probationary judgeship given to judges-in-training or tenured judgeship conferred to judges-on-probation, and extension of services under Article 11; but may only participate in meetings to express opinions on other matters without exercising voting rights.
Anyone who has been disciplined shall not serve as a judge representative referred to in Paragraph 2.
The composition of various committees established by the Judicial Yuan for the purpose of submitting personnel cases to the Judicial Personnel Review Committee shall have the participation of representatives of judges, academic experts, attorneys, or prosecutors.
The Judicial Yuan shall have the authority to formulate regulations and rules of review procedures governing the qualifications, means of selection, and other relevant matters of the Judicial Personnel Review Committee members, provided that the Judicial Yuan and Examination Yuan shall jointly formulate rules of review procedures concerning the appointment and removal, performance evaluation, ranks and pay scale, transfer, commendation, and award.