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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 21:05
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Chapter Law Content

Chapter 2 Organization Structure and Personnel Grades of the Court
Article 6
A Juvenile and Family Court shall have Judges.
If necessary, a Juvenile and Family Court may staff Judicial Assistants, whose positions shall be filled by various professionals in accordance with applicable laws. A Judicial Assistant shall support a Judge in the handling of reviewing trial case proceedings, legal issue analyses, information collection, and other tasks. A Judicial Assistant must be qualified to practice law, and during his service as the Judicial Assistant, the duration shall be counted toward his seniority of professional legal practice.
Article 7
A Juvenile and Family Court shall have one President, which is served concurrently by the Judge, in charge of the overall administration of the court.
Article 8
A Juvenile and Family Court shall have a juvenile court division and a family court division.
A juvenile court division may have a Protection Court Division, and a Criminal Court Division; the family court division may establish designated tribunals in accordance with the stipulation of laws or the nature of cases.
Article 9
A Division-Chief Judge of a Juvenile and Family Court shall be served concurrently either by the judge who serves as the President on a concurrent basis or by any of the rest of the judges. The Division-Chief Judge shall oversee the divisional affairs.
Article 10
A Juvenile and Family Court may set up an enforcement office to administer matters concerning enforcement, or request the enforcement offices of the Civil Division of an Ordinary Court or an administrative agency to administer enforcement matters on its behalf.
The Enforcement Judge or the Judicial Affairs Officer, the law clerk and the enforcement officer shall execute matters concerning enforcement.
Article 11
A Juvenile and Family Court shall have a Public Defender's Office. The Public Defender shall have a recommendation rank of 7th to 9th grade, or a selection rank of 10th to 11th grade. If there are more than two Public Defenders, a position of Chief Public Defender will be set up, whose position is a recommendation rank of 9th grade or a selection rank of 10th to 12th grade.
The Public Defender may be promoted to a selection rank of 12th grade if he is confirmed upon review to have served on the Juvenile and Family Court continuously for over 15 years with outstanding performance.
The Public Defender, who was transferred to Juvenile and Family Court after serving as a public defender in the High Court or its branch, or in the Intellectual Property Court for more than four years, may be promoted to a selection rank of 12th grade if he is confirmed upon review to have served with outstanding performance.
The Public Defender's years of service in the High Court or its branch, or in the Intellectual Property Court shall be included in the calculation of his tenure of service.
The Judicial Yuan shall prescribe rules governing the review in Paragraph 2 and 3. For the Public Defender who is a qualified attorney, his service years as a Public Defender shall be counted toward his seniority of professional legal practice.
Article 12
A Juvenile and Family Court shall have a Judicial Affairs Office. The Judicial Affairs Officer shall have a recommendation rank of 7th to 9th grade. If there are more than two Judicial Affairs Officers, a position of Chief Judicial Affairs Officer will be set up, whose position is a recommendation rank of 9th grade or a selection rank of 10th grade.
For those who are a qualified attorney, their service years as a Judicial Affairs Officer shall be counted toward their seniority of professional legal practice.
Article 13
A Juvenile and Family Court shall have an Investigation and Protection Office, which is staffed with an Investigation Officer for Juvenile Affairs, Protection Officer for Juvenile Affairs, Investigation Officer for Family Affairs, Psychological Test Specialist, Psychological Counselor, and Assistant. If there are two or more persons in total in the positions of Investigation Officer for Juvenile Affairs, Protection Officer for Juvenile Affairs, and Investigation Officer for Family Affairs, a Chief Investigation and Protection Officer position will be set up. If there are six or more persons in total, the office can be divided into divisions, where the Division Chief position is served concurrently by the Investigation Officer for Juvenile Affairs, Protection Officer for Juvenile Affairs, or Investigation Officer for Family Affairs. There will be no separate position to be set up.
Job ranking for Investigation Officer for Juvenile Affairs, Protection Officer for Juvenile Affairs, and Investigation Officer for Family Affairs is recommendation rank 7th to 9th grade; among the Investigation Officer for Juvenile Affairs, Protection Officer for Juvenile Affairs, and Investigation Officer for Family Affairs of the Juvenile and Family Court of the classification 1 specified in the appended Schedule of Paragraph 1 of Article 5, two of the personnel may be selection rank 10th grade; job ranking for Chief Investigation and Protection Officer is recommendation rank 9th grade to selection rank 10th grade; job ranking for Psychological Test Specialist, and Psychological Counselor is recommendation rank 6th to 8th grade; job ranking for Assistant is elementary rank 4th to 5th grade, where half of the personnel may be ranked as the 6th grade of recommendation rank.
Article 14
A Juvenile and Family Court shall have a Clerk Division, and shall be staffed with: a Chief Clerk with a job ranking between recommendation rank 9th grade and selection rank 10th grade, whose job function is to take charge of administrative affairs according to the instructions of the President; 1st Clerks with a recommendation rank 8th to 9th grade; 2nd Clerks with a recommendation rank 6th to 7th grade; and 3rd Clerks with an elementary rank 4th to 5th grade. Clerks shall be responsible for affairs, such as recordation, compulsory execution, lodgment, secretarial, research and evaluation, administrative, information and litigation assistance. The Clerk Division may be divided into sections and units. The Section Chief shall be served by the 1st Clerk concurrently, and the Unit Chief by either 1st Clerk or 2nd Clerk concurrently. Neither function will have separate positions setup.
The total combined number of 1st and 2nd Clerks in the preceding paragraph shall not exceed half of the total number of 1st, 2nd and 3rd Clerks of the same court.
Article 15
A Juvenile and Family Court shall be staffed with 1st Interpreters with a recommendation rank of 7th to 8th grade; 2nd Interpreters with a recommendation rank of 6th to 7th grade; 3rd Interpreters with an elementary rank of 4th to 5th grade; Technical Specialists with an elementary rank of 5th grade or a recommendation rank of 6th to 7th grade; Process Servers with an elementary rank of 3rd to 5th grade; and Clerk Assistants and Court Attendants with an elementary rank of 1st to 3rd grade.
The combined number of 1st and 2nd Interpreters in the preceding paragraph shall not exceed half of the total number of 1st, 2nd and 3rd Interpreters of the same court.
To fill court monitoring, enforcement, security, offender escorting, and judicial police affairs positions, the Juvenile and Family Court shall recruit Bailiffs: a Chief Bailiff shall have an elementary rank of 5th grade or a recommendation rank of 6th to 7th grade; a Deputy Chief Bailiff shall have an elementary rank of 4th to 5th grade or a recommendation rank of the 6th grade; and Bailiffs shall have an elementary rank of 3rd to 5th grade.
Article 16
A Juvenile and Family Court shall have a Personnel Office, which will be staffed with a Chief Officer with a recommendation rank of 8th to 9th grade, and Officers with an elementary rank of 5th grade or a recommendation rank of 6th to 7th grade, whose job function is to administer personnel matters pursuant to the law.
Article 17
A Juvenile and Family Court shall have an Accounting Office and a Statistics Office, each of which will be staffed with a Chief Officer with a recommendation rank of 8th to 9th grade, and Officers with an elementary rank of 5th grade or a recommendation rank of 6th to 7th grade, whose job function will be to administer matters relating to annual calculation, accounting, and statistics pursuant to the law.
Article 18
A Juvenile and Family Court shall have an Internal Affairs Office, which will be staffed with a Chief Officer with a recommendation rank of 8th to 9th grade, and Officers with an elementary rank of 5th grade or a recommendation rank of 6th to 7th grade, whose job function is to administer matters relating to internal affairs pursuant to the law.
Article 19
A Juvenile and Family Court shall have an Information Technology Office, which shall be staffed with a Chief Officer with a recommendation rank of 8th to 9th grade to take charge of administrative affairs of the Information Office according to the instructions of the President; Programmers with a recommendation rank of 7th grade; and Assistant Programmers with an elementary rank of 4th to 5th grade, where 1/2 of the personnel may be ranked with a recommendation rank of 6th grade, whose duties are to administer affairs of information technology.
Article 19-1
A Juvenile and Family Court shall provide venues, necessary software/hardware equipment and other relevant assistance to the competent authority of municipal, county or city, or the commissioned private organizations, for the establishment of a resource-integrated contact service office. In the event of insufficient funds, the Judicial Yuan shall compile a budget to subsidize the function.
The Judicial Yuan shall prescribe the regulations of the preceding Paragraph concerning the subsidies.
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