Goto Main Content
:::

Chapter Law Content

Chapter 2 Appointment of Judges
Article 5
Judges of courts at all levels that sit below the High Court shall possess one of the following qualifications to be appointed:
1. Having passed the judges or prosecutors qualification examination, or having actually practiced as attorneys for three or more years and possessed the qualifications for the designated position, provided that such appointment is limited to judges of district courts.
2. Having served as tenured judges.
3. Having served as tenured prosecutors.
4. Having served as public defenders for six or more years.
5. Having actually practiced as attorneys for six or more years, as well as possessed the qualifications for the designated position.
6. Having graduated from the department of law of public or duly recognized private universities or independent colleges or post-graduate law programs thereof, served as full-time professors, associate professors, or assistant professors at universities or independent colleges accredited by the Ministry of Education for a total of six or more years, and lectured on primary legal subjects for two or more years with specialized publications in the legal profession, as well as possessed the qualifications for the designated position.
7. Having graduated from the department of law of public or duly recognized private universities or independent colleges or post-graduate law programs thereof, and served as full-time research fellows, associate research fellows, or assistant research fellows at Academia Sinica for a total of six or more years with specialized publications in primary legal subjects, as well as possessed the qualifications for the designated position.
Judges serving in the high administrative litigation division and district administrative litigation division of the High Administrative Court, should be selected from a list of candidates who possess one of the following qualifications:
1. Having one of the qualifications as listed in subparagraphs 1, 4 through 7 of the preceding paragraph. However, such appointments shall be limited to the judges of the district administrative litigation division of the High Administrative Court.
2. Having served as tenured judges.
3. Having served as tenured prosecutors.
4. Having served on duties of judges or prosecutors, and as civil servants for a total of eight or more years.
5. Having actually practiced as attorneys in administrative litigation for eight or more years, as well as possessed the qualifications for the designated position.
6. Having graduated from the department of law, political science, or administration or duly recognized private universities or independent colleges or post-graduate programs thereof, served as full-time professors, associate professors, or assistant professors at universities or independent colleges accredited by the Ministry of Education for a total of eight or more years, and lectured on subjects of constitutional law, administrative law, trademark law, patent law, tax law, real property law, fair trade law, government procurement law, or in other administrative law courses for five or more years, with specialized publications in relation to the above areas, as well as possessed the qualifications for the designated position.
7. Having graduated from the department of law, political science, or administration or duly recognized private universities or independent colleges or post-graduate programs thereof, and served as research fellows, associate research fellows, or assistant research fellows at Academia Sinica for a total of eight or more years, with specialized publications on constitutional law or administrative law, as well as possessed the qualifications for the designated position.
8. Having graduated from the department of law, political science, or administration or duly recognized private universities or independent colleges or post-graduate programs thereof, and served as civil servants with the selection rank handling administrative appeals or legal affairs of agencies for ten or more years, with specialized publications on constitutional law or administrative law.
Judges of the Supreme Court, the Supreme Administrative Court, or judges of the Disciplinary Court, unless provided otherwise in law, shall possess one of the following qualifications to be appointed:
1. Having served as Justices, as well as possessed the qualifications for the designated position.
2. Having served as judges of the Disciplinary Court.
3. Having served as tenured judges for twelve or more years.
4. Having served as tenured prosecutors for twelve or more years.
5. Having actually practiced as attorneys for eighteen or more years, as well as possessed the qualifications for the designated position.
6. Having graduated from the department of law of public or duly recognized private universities or independent colleges or post-graduate programs thereof, and served as full-time professors at universities or independent colleges accredited by the Ministry of Education for a total of ten or more years, and lectured on primary legal subjects for five or more years with specialized publications on primary legal subjects, as well as possessed the qualifications for the designated position.
7. Having graduated from the department of law of public or duly recognized private universities or independent colleges or post-graduate law programs thereof, and served as full-time research fellows at Academia Sinica for a total of ten or more years with specialized publications in primary legal subjects, as well as possessed the qualifications for the designated position.
The term "primary legal subjects" in Subparagraphs 6 and 7 of Paragraph 1, and Subparagraphs 6 and 7 of Paragraph 2 shall refer to constitutional law, civil law, criminal law, private international law, commercial law, administrative law, civil procedure law, criminal procedure law, administrative procedure law, compulsory enforcement law, bankruptcy law, or other primary legal subjects designated by the Examination Yuan.
The years of service under Subparagraphs 6 and 7 of Paragraph 1, Subparagraphs 6 and 7 of Paragraph 2, and Subparagraphs 6 and 7 of Paragraph 3 shall be calculated in combination in accordance with the provisions in respective paragraphs.
The qualifications for the appointment of judges of other specialized courts shall be separately stipulated by the law.
For Justices, attorneys, professors, associate professors, assistant professors and research fellows, associate research fellows or assistant research fellows at Academia Sinica who do not possess the qualifications for the designated positions, the examination for acquiring qualifications of the designated positions may be in the form of written tests, oral tests together with examinations on publications or inventions, or examinations on certification of educational background and work experiences in relation to the knowledge, skills, and abilities required. The regulations governing the examination thereof shall be formulated by the Examination Yuan.
Anyone who passes the qualifications examination for the designated position pursuant to the preceding paragraph only acquires the eligibility to participate in the selection of judges to be conducted in accordance with Article 7 by the Judicial Yuan, which is commissioned by the Examination Yuan.
The Judicial Yuan and the Examination Yuan shall jointly formulate regulations for the standard, selection procedure, age limit for selected personnel, and other matters that need to be complied with concerning the selection of judges in the preceding paragraph to be conducted by the Judicial Yuan.
Article 6
No person may be appointed as a judge with any one of the following conditions:
1. Not eligible to be employed in accordance with the Civil Service Employment Act.
2. Having been conclusively convicted and sentenced with imprisonment or heavier penalty that impairs the integrity of the judgeship.
3. Having served as a civil servant and received dismissal from office or heavier penalty with final and binding effect in accordance with the Civil Servants Disciplinary Sanctions Act or relevant regulations.
4. Having served as a civil servant and received removal from office penalty with final and binding effect in accordance with the Civil Service Performance Rating Act or relevant regulations, provided, however, that this rule does not apply in the event the punishment of removal from office was due to declaration of custodianship and such declaration was subsequently canceled.
5. Having declared bankruptcy and rights have not yet been reinstated.
6. Having served in an elected public office and left that office for less than three years, provided, however, that this rule does not apply if regulated by other statutes.
Article 7
The initial assumption of the judgeship, unless directly appointed and assigned through the passing of the judges or prosecutors examination, shall meet the qualifications by means of a selection process, which shall apply as well to those who once served as judges, resigned for some reason, and have applied for reappointment.
The Judicial Yuan shall establish the Judicial Selection Committee to be in charge of the selection of judges in the preceding paragraph and other matters required by law.
The President of the Judicial Yuan shall be an ex officio member of the committee referred to in the preceding paragraph. Other committee members shall serve a two-year term and may be re-commissioned for one additional term. The quota and the means of selecting committee members are as follows:
1. One Examination Yuan representatives: to be appointed by the Examination Yuan.
2. Seven judge representatives: To be nominated by the President of the Judicial Yuan with thrice the quota, submitted to the Judicial Personnel Review Committee for review and slated with twice the quota before being voted on by judges.
3. One prosecutor representative: to be nominated by the Ministry of Justice with thrice the quota, submitted to the President of the Judicial Yuan for nomination with a slate of twice the quota before being voted on by prosecutors.
4. Three attorney representatives: to be recommended respectively by the Taiwan Bar Association and local bar associations with thrice the quota, submitted to the President of the Judicial Yuan for nomination with a slate of twice the quota, before being voted on by nationwide attorneys.
5. Six academia and social representatives: to be appointed by means of selection by the President of the Judicial Yuan, with scholars possessing expertise in law, sociology, and psychology.
The Committee referred to in Paragraph 2 shall be convened and chaired by the President of the Judicial Yuan; if the President of the Judicial Yuan cannot convene or chair the meeting for some reason, he/she shall appoint a committee member to act on his/her behalf. Resolutions of the Committee shall be adopted with the attendance of two-thirds or more of the total committee members and with the consent of more than half of the committee members in attendance.
The total committee members referred to in the preceding paragraph shall exclude those discharged of duty or deceased during their term, but shall not fall below twelve.
The Judicial Yuan shall formulate rules of review by the Judicial Selection Committee.
The number of each gender for members of the Judicial Selection Committee shall not be less than one-third of the total members.
The Judicial Yuan, the Executive Yuan, and the Taiwan Bar Association shall respectively formulate regulations concerning the qualifications, voting procedures, and filling of vacant committee membership of the Selection Committee members, and shall conduct the voting respectively.
Article 8
The Judicial Selection Committee, in the selection of judges, shall review the candidate's integrity, ability, physical and mental condition, work ethics, specialty, and aspiration.
The Judicial Yuan shall promulgate regulations concerning the procedures and age limit, among other related matters, of the selection of judges already possessing the qualifications for appointment.
All judges being selected are required to go through trainings; the Judicial Yuan shall promulgate regulations concerning the duration of trainings, reduction or wavier, implementing measures, allowances, expenditures, leaves, evaluations, rewards and disciplines, retention or cancellation of training eligibility, among other related matters.
Article 9
An appointee possessing the qualifications under Subparagraph 1, Paragraph 1 of Article 5 shall be deemed to be a judge-in-training for a period of five years. After the training period is fulfilled and the satisfactory evaluation is received, the appointee shall be a judge-on-probation for a period of one year, which shall apply as well to those directly commissioned and assigned through the passing of the judges or prosecutors examination.
An appointee possessing the qualifications under Subparagraphs 4 to 7, Paragraph 1 and Subparagraphs 4 to 8, Paragraph 2 of Article 5 shall be a judge-on-probation for a period of two years; the probation period shall be one year for those who have served a total of ten or more years as judges, prosecutors, and civil servants, or who have practiced as attorneys for ten or more years.
The judges-in-training appointed as district court judges shall rotate among themselves taking charge of the following matters during the training period, provided that the Judicial Yuan may adjust the assignments depending upon the actual situations:
1. Being transferred to the higher court for matters stipulated under Paragraph 3, Article 34 of the Court Organization Act and Paragraph 5, Article 10 of the Administrative Court Organization Act for one year.
2. Filling in as associate and commissioned judges at trial panels of district courts for two years.
3. Independently presiding over related rulings in civil and criminal cases, civil and criminal cases under summary proceedings, civil small claim proceedings, or criminal cases under summary trial proceedings other than juvenile cases in district courts for two years.
From the third year, a judge-in-training in the preceding paragraph may, in addition to presiding independently over matters referred to in Subparagraph 3 of the preceding paragraph, preside over criminal cases under Subparagraphs 1 and 2, Article 376 of the Criminal Procedure Code.
The judges-in-training in paragraph 3 shall rotate among themselves taking charge of matters in the order stipulated in various subparagraphs of paragraph 3, provided that the Judicial Yuan may adjust the sequence and the quota allocation of judges for assignments under Subparagraphs 1 and 2 as required by its business; and courts may adjust their respective rotation sequence under Subparagraphs 2 and 3 as required by their businesses.
A judge-in-training, who works in a district administrative litigation division of the High Administrative Court, shall serve as an associate judge or a commissioned judge in collegial-trial cases during the training period, but may act alone on cases that are applicable to, or are governed by, summary administrative proceedings.
Judges-in-training and judges-on-probation are subject to service performance evaluation, which shall be submitted to the Judicial Personnel Review Committee for review upon fulfillment of their training and probation term. Probationary or tenured judgeship shall be granted for those who pass the review; re-evaluation shall be conducted and submitted for further review within two years for those who do not pass the initial review; training or probationary status shall be discontinued and duties shall be dismissed for those who still do not pass the second review.
The items of the service performance referred to in the preceding paragraph shall include knowledge and abilities, professional attitudes, quality of adjudication, character, and integrity, as well as physical and mental health.
The Judicial Personnel Review Committee shall consult with the Judicial Selection Committee in conducting its service performance review; before the decision of not passing the review is rendered, notice shall be given to the judge-in-training or judge-on-probation under review to express opinions.
The Judicial Yuan shall establish a Review Committee in order to review the adjudication or relevant documents of the judge-in-training or judge-on-probation. The term of office, review criteria, and other matters concerning the Review Committee shall be determined separately by the Judicial Yuan.
The Judicial Yuan shall formulate regulations for affairs to be handled during the training or probation period by judges-in-training or judges-on-probation, the evaluation and re-evaluation thereof, and other related matters.
Article 10
The detail and reassignment of a judge shall be handled in the spirit of self-governance among the judges. The Judicial Yuan and the Examination Yuan shall jointly promulgate regulations concerning the qualifications, procedure, on-the-job training, and detail to other agencies for special assignments.
The Judicial Yuan shall promulgate regulations concerning the qualifications and procedure, among other things, concerning the appointment of the division-chief judges of each respective court.
Article 11
The term of the president and division-chief judge of each court at the High Court and below, the High Administrative Court, and other specialized courts is three years and may be extended for one additional term, provided, however, that an additional extension may be granted with the term of no more than three years if deemed to be really necessary by the Judicial Yuan.
The term of a president referred to in the preceding paragraph at different levels shall be calculated together. The Judicial Yuan shall consult annually with judges of a court concerning the character, integrity, capability to carry out duties, and diligence in conducting cases of the president of that court, and may, based on the result of such consultation, dismiss the concurrent service as president if the term is not expired.
The term of a division-chief judge referred to in Paragraph 1 at the same level shall be calculated together. The Judicial Yuan shall consult with judges of the courts where the division-chief judge has served prior to the expiration of the term and the re-appointment.
In the event the Judicial Yuan should find material evidence to sufficient warrant the finding that a division-chief judge is unfit for duties, it may dismiss the concurrent service as a division-chief judge.
The Judicial Yuan shall promulgate regulations concerning the detail, reassignment, term extension, and dismissal of concurrent service as president or division-chief judge.
Article 12
The appointment of a judge shall apply, mutatis mutandis, the relevant provisions of civil service [statutes] to begin on acting status while the appointment being submitted to the Ministry of Civil Service for qualification review and the President for appointment once the qualifications are approved. For those deemed to be not qualified by the Ministry of Civil Service, the acting status shall be terminated immediately.
If a judge should meet any of the conditions under Article 6 prior to his appointment, or does not meet the appointment qualifications of each respective court level, the appointment or qualifications of each respective court level shall be revoked.
The termination of acting status referred to in Paragraph 1 and the revocation of appointment referred to in the preceding paragraph shall have no impact on the act of duties rendered while serving in that capacity. Any payment already made in accordance with the law shall not be subject to recourse.