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Chapter Law Content

Title: Court Organization Act CH
Category: Judicial Yuan(司法院)
Attachment:
Chapter II District Courts
Article 8
(The Establishment of District Courts)
A district court shall be established in each municipality or county (city). However, depending upon the geographical environment and case load, branch courts of a district court may be added; or a joint branch court may be established; or a portion of its jurisdictional area may be transferred to another district court or its branch, without the restrictions of administrative divisions.
As required by case load, professional district courts may be established in specific areas; matters such as the structure and jurisdiction of such courts shall be determined by law.
Article 9
(The Jurisdictional Instances of District Courts)
The jurisdictional instances of district courts are as follows:
1. The first instance cases of civil or criminal trials. However, these provisions do not apply, if stipulated otherwise by law.
2. Other litigation cases as provided by law.
3. Non-litigation cases as provided by law.
Article 10
(The Summary Court)
A district court may have a Summary Court, the jurisdictions of which are determined by law.
Article 11
(The Classifications and Staffing of District Courts)
The provisions shown in the appendix govern the classifications and staffing of district courts and their branches.
The applicable classifications of and changes to each district court and its branches shall be determined by the Judicial Yuan.
Article 12
A district court shall have judges, judges-in-probation or judges-in-training.
As needed, a district court may set up judicial assistant positions, which shall be filled by various professionals employed in accordance with the relevant laws. A judicial assistant shall serve under the supervision of a judge to handle the reviews of trial proceedings, analyze legal issues, and collect data, among other case matters.
For those who have the qualifications to practice law, the duration of time contracted to serve as judicial assistants shall accrue towards their seniority of legal practice.
Matters concerning personnel selection, training, operations, managing and performance evaluation of a judicial assistant shall be as ordered by the Judicial Yuan.
Article 13
A district court shall have one president, which is to be served concurrently by a judge, to handle administrative affairs of the entire court.
Article 14
A district court shall establish civil court divisions and criminal court divisions. The number of civil court divisions and criminal court divisions is determined by the case load. If necessary, a professional court division may be established.
Article 14-1
A district court and a high court shall each establish a Criminal Compulsory Disposition Court Division to handle the review of mandatory disposition and temporary placement petitions during their investigation phases. However, the Judicial Yuan may, depending upon the staff and the case load of a court, order a certain court not to set up a Criminal Compulsory Disposition Court Division.
The judge, who handles cases as described in the preceding paragraph, shall not handle the trial phase of the same case.
Article 15
The positions of division chief judges of a civil court division, criminal court division, professional court division, and summary court, in addition to being served concurrently by the judge who also serves as the president, shall be served concurrently by other judges, to supervise various affairs of the court division.
Article 16
A district court shall establish a civil execution department, where judges or judicial affairs officers shall administrate its affairs; if necessary, a division chief judge may be established, to supervise various affairs of the department.
Article 17
A district court shall establish a Public Defenders' Office staffed by public defenders with position rankings of grades 7 to 9 of the recommendation rank, or grades 10 to 11 of the selection rank. If there are two or more public defenders in an office, then there may be one position of the Director of Public Defenders, who shall be staffed by a public defender with a position ranking of grade 9 of the recommendation rank, or grade 10 to 12 of the selection rank.
A tenured public defender who has served with excellent performance for more than 15 years and whose qualifications are verified, may be promoted to grade12 of the selection rank.
A public defender, who has served in a high court or its branch court, or in the Intellectual Property and Commercial Court, for more than four years, and who is transferred to a district court or its branch court with excellent performance and whose qualification is verified, may be promoted to grade 12 of the selection rank.
The seniority of a public defender, whose seniority accrues from serving as a public defender in a high court or its branch court, and/or the Intellectual Property and Commercial Court, shall be combined for overall seniority calculation.
The review processes pertinent to the provisions in paragraphs 2 and 3 shall be determined by the Judicial Yuan.
For those who have the qualifications to practice law, the duration of time spent serving as a public defender shall accrue towards their seniority of legal practice.
Article 17-1
A district court shall set up a Judicial Affairs Officers' Office, if there are two or more judicial affairs officers in an office, there may be one position of the Director of Judicial Affairs Officers.
Judicial affairs officers should have position rankings of grades 7 to 9 of the recommendation rank; among the judicial affairs officers of the classification 1of district courts or their branches specified in the appendix of paragraph 1 of Article 11, two of them may be ranked in the 10 grade of the selection rank; the position of director of judicial affairs officers shall be staffed by an officer with a position ranking of grade 9 of the recommendation rank to grade 10 of the selection rank.
For those who have the qualifications to practice law, the duration time spent serving as a judicial affairs officer shall accrue towards their seniority of legal practice.
Article 17-2
(Affairs Handled by Judicial Affairs Officers)
The following affairs are handled by Judicial Affairs Officers:
1. Matters concerning the return of bail bond, mediation proceedings, demand proceedings, security proceedings, the ruling on public summons proceedings, and the determination of litigation costs;
2. Matters concerning compulsory execution procedure, with the exceptions of arresting with a warrant, and detention;
3. Matters relating to non-litigation law and other non-litigation cases as provided by law;
4. Other matters as provided by law.
A judicial affairs officer shall serve under the supervision of the judge, and consolidate key issues of a prosecution and defense, analyze document data, organize facts and legalissues, and produce reports.
The scope of and time spent on matters, as described in every subparagraph of the first paragraph, by a judicial affairs officer shall be determined by the Judicial Yuan.
Article 18
A district court shall establish an Investigation and Protection Office, staffed by investigation officers for juvenile affairs, protection officers for juvenile affairs, investigation officers for family affairs, psychological test specialists, psychological counselors, and assistants. If the total number of investigation officers for juvenile affairs, protection officers for juvenile affairs and investigation officers for family affairs is two or more, then there may be one position of the Chief Investigation and Protection Officer. If the total number is six or more, jobs may be divided into sections. The position of the section chief shall be served concurrently by an investigation officer for juvenile affairs, protection officer for juvenile affairs or investigation officer for family affairs. There will be no separate staffing for section chief.
The position rankings of investigation officers for juvenile affairs, protection officers for juvenile affairs and investigation officers for family affairs are grades 7 to 9 of the recommendation rank; among the investigation officers for juvenile affairs, protection officers for juvenile affairs and investigation officers for family affairs of the classification 1 of district courts or their branches specified in the appendix of paragraph 1 of Article 11, two of them may be ranked in the 10 grade of the selection rank; the position ranking of the Chief Investigation and Protection Officer is grade 9 of the recommendation rank to grade 10 of the selection rank; the position rankings of psychological test specialists and psychological counselors are grades 6 to 8 of the recommendation rank; the position rankings of assistants are grades 4 to 5 of the elementary rank, and up to one half of the assistants may have the ranking of grade 6 of the recommendation rank.
Article 19
(The Notary Public Office)
A district court shall have a Notary Public Office, staffed by notaries public and assistants; if there are more than two notaries public in an office, then the position of Director of Notary Public Office shall be staffed. The position rankings for notaries public are grades 7 to 9 of the recommendation rank; the Director of Notary Public Office is grade 9 of the recommendation rank to grade 10 of the selection rank; assistants are grades 3 to 5 of the elementary rank.
Article 20
(The Lodgment Office)
A district court shall establish a Lodgment Office, staffed by a director and assistants. The position ranking of the director in a Lodgment Office is grade 9 of the recommendation rank, or grade 10 of the selection rank; assistants are grades 3 to 5 of the elementary rank, or grades 6 to 8 of the recommendation rank.
The total number of assistants, as described in the preceding paragraph, shall not exceed one half of the total number of assistants of the same court.
Article 21
(The Registration Office)
A district court shall establish a Registration Office, staffed by a director and assistants. The position ranking of the director in a Registration Office is grade 9 of the recommendation rank, or grade 10 of the selection rank; assistants are grades 3 to 5 of the elementary rank, or grades 6 to 8 of the recommendation rank.
The total number of assistants, as described in the preceding paragraph, shall not exceed one half of the total number of assistants of the same court.
Article 22
(The Clerk's Office)
A district court shall establish a Clerk's Office,staffed by a chief clerk with a position ranking of grade 9 of the recommendation rank to grade 10 of the selection rank to oversee administrative affairs under the supervision of the president, and staffed by 1st class clerks with position rankings of grades 8 to 9 of the recommendation rank; 2nd class clerks with position rankings of grades 6 to 7 of the recommendation rank; and 3rd class clerks with position rankings of grades 4 to 5 of the elementary rank. Each clerk manages records, documents, research assessments, general affairs, and provides information and litigation assistance. The Clerk's Office may be divided into sections and units. The position of a section chief shall be served concurrently by a 1st class clerk, and a unit chief shall be served concurrently by a 1st class clerk or a 2nd class clerk. There shall be no separate staffing for the positions of chief.
The total number of the 1st class clerks, and the 2nd class clerks, as described in the preceding paragraph, shall not exceed one half of the total number of the 1st, 2nd and 3rd class clerks of the same court.
Article 23
(The Staffing of Interpreters, Technical Specialists, Process Servers, and Bailiffs of District Courts, and their Position Rankings)
A district court shall have 1st class interpreters with position rankings of grades 7 to 8 of the recommendation rank; 2nd class interpreters with position rankings of grades 6 to 7 of the recommendation rank; 3rd class interpreters with position rankings of grades 4 to 5 of the elementary rank; technical specialists with position rankings of grade 5 of the elementary rank or grades 6 to 7 of the recommendation rank; process servers with position rankings of grades 3 to 5 of the elementary rank; and clerk assistants and court attendants with position rankings of grades 1 to 3 of the elementary rank.
The total number of the 1st class interpreters, and the 2nd class interpreters, as described in the preceding paragraph, shall not exceed one half of the total number of the 1st, 2nd and 3rd class interpreters of the same court.
To manage court duties, enforce order, provide security, transfer prisoners and handle other judicial police affairs, a district court shall staff bailiff positions including: a chief bailiff with position ranking of grade 5 of the elementary rank, or grade 6 to 7 of the recommendation rank; a deputy bailiff with position ranking of grade 4 to 5 of the elementary rank, or grade 6 of the recommendation rank; and a bailiff with position rankings of grades 3 to 5 of the elementary rank. Its staff management requirements shall be determined by the Judicial Yuan and the Executive Yuan.
As the requirement for interpretation arises, a district court shall contract interpreters of aboriginal languages, or other languages, with special arrangements made, depending upon the case; these contract details shall be determined by the Judicial Yuan.
Article 24
(Staffing Structure)
A district court shall have a Personnel Office, staffed by one director with position ranking of grade 8 to 9 of the recommendation rank, and one deputy director with position ranking of grade 7 to 9 of the recommendation rank; As required, assistants may be staffed pursuant to the law. The Personnel Office shall handle affairs relating to personnel management and audit, pursuant to the law.
The Personnel Office of a municipal district court may be divided into units, with assistants serving concurrently in the required positions. There shall be no separate staffing for these positions. A district court with low case load may only staff personnel officers with position rankings of grade 5 of the elementary rank to grade 7 of the recommendation rank.
Article 25
(Staffing Structure)
A district court shall have an Accounting Office, and a Statistics Office, each staffed by a director with a position ranking of grade 8 to 9 of the recommendation rank; as required, assistants may be staffed in each office, pursuant to the law, to handle matters relating to annual budgets, accounting and statistics.
The Accounting Office and the Statistics Office in a municipal district court may be divided into units with assistants serving concurrently in the required positions. There shall be no separate staffing for these positions. A district court with low case load may only staff accountants and statistics officers with position rankings of grade 5 of the elementary rank to grade 7 of the recommendation rank.
Article 26
(Staffing Structure)
A district court shall have an Information Management Office, staffed by one director with a position ranking of grade 7 to 9 of the recommendation rank, under the supervision of the president, to handle administrative affairs of the Information Management Office; and by information managers with position rankings of grades 6 to 7 of the recommendation rank; and by operators with position rankings of grades 3 to 5 of the elementary rank; As required, developers may be hired with position rankings of grades 6 to 8 of the recommendation rank, to handle matters relating to information processing.
Article 27
A branch court of a district court shall have one president, to be served concurrently by a judge, to handle administrative affairs of the branch court.
Article 28
(The President's Authority)
The president of a district court may assign a judge from the main court to serve concurrently as a judge in a branch court.
Article 29
(The Jurisdictions of Branch Courts)
The jurisdictional instances of a branch court are identical to that of a district court.
Article 30
(Applicable law of Branch Courts)
The provisions of Articles 11through 26 shall apply mutatis mutandis to district courts' branch courts.