Chapter III High Courts
Article 31
(The Establishment of High Courts)
A province, municipality or special district shall establish a high court respectively. However, depending upon the geography of the environment and case load, branch courts of a high court may be added; or a joint branch court may be established; or a portion of its jurisdictional area may be transferred to another high court or its branch, not restricted by administrative divisions.
Article 32
(The Jurisdictional Instances of High Courts)
The jurisdictional instances of high courts are as follows:
1. The First Instance criminal cases relating to sedition, treason, or obstruction of the state's diplomacy;
2. Civil and criminal appeal cases filed against the first instance judgments delivered by the district court or its branch; However, if it is stipulated otherwise by law, such other provisions shall apply.
3. Appeal cases filed against the rulings delivered by the district court or its branch; however, if it is stipulated otherwise by law, such other provisions shall apply.
4. Other litigation cases as provided by law.
Article 33
(The Classifications and Staffing of High Courts)
The provisions shown in the appendix govern the classifications and staffing of high courts and their branches.
The applicable classifications of and changes to high courts and their branches shall be determined by the Judicial Yuan.
Article 34
A high court shall have judges and judges-in-probation.
As required by the case load of a high court, the Judicial Yuan may transfer judges-in-training of a district court or its branches to serve in a high court, who shall then serve under the supervision of a judge to handle trial proceedings and substantive examination, analyze legal issues, collect data, draft judgment orders and handle other case matters.
As needed, a high 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, collect data and other case matters.
The duration, in which a judge-in-training is transferred to serve in a high court, shall accrue towards the seniority of a judge-in-training.
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.
The provisions of Article 12 Paragraph 4 shall apply mutatis mutandis to high courts.
Article 35
A high court shall have one president, to be served concurrently by a judge, to handle the administrative affairs of the entire court.
Article 36
A high court shall establish civil court divisions and criminal court divisions. The number of court divisions is determined by the case load. If necessary, a professional court division may be established. The position of division chief judge of each court division, in addition to being served concurrently by the judge who also serves as the president, shall be served concurrently by the other judges, to oversee various affairs of the court.
Article 37
A high court shall establish a Public Defenders' Office staffed by public defenders with position rankings of grades 10 to 11 of the selection rank, or grade 9 of the recommendation rank. If there are two or more public defenders in an office, then the position of the Director of Public Defenders shall be staffed by a public defender with position ranking of grade 10 to 12 of the selection rank.
A public defender, as mentioned in the preceding paragraph, who serves continuously with excellent performance for more than four years and whose qualifications are verified, may be promoted to grade 12 of the selection rank, and whose promotion qualifications are on file pursuant to the provisions of Article 17 Paragraphs 2 and 3 of this Act, and Article 11 Paragraphs 2 and 3 of the Juvenile and Family Court Organization Act, may be promoted to grade 12 of the selection rank.
The seniority of a public defender, as mentioned in the preceding paragraph, whose seniority accrued from serving as a public defender in a branch court of a high court, and/or the Intellectual Property and Commercial Court, shall be combined for the overall seniority calculation.
The review processes pertinent to the provisions of paragraph 2 shall be determined by the Judicial Yuan.
Article 38
(The Clerk's Office)
A high 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 11 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 to fill these positions.
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 39
(The Staffing of Interpreters, Technical Specialists, and Process Servers of High Courts, and their Position Rankings)
A high court shall have 1st class interpreters with position rankings of grades 8 to 9 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.
The provisions of Article 23 paragraphs 3 and 4 shall apply mutatis mutandis to high courts and their branch courts.
Article 40
(The Personnel Office)
A high court shall have a Personnel Office, staffed by one director with position ranking of grade 10 of the selection rank, one deputy director with position ranking of grade 9 of the recommendation rank or grade 10 of the selection rank; section clerks with position rankings of grade 4 to 5 of the elementary rank or grades 6 to 7 of the recommendation rank, of which the number of recommendation rank section clerks shall not exceed one third of the total number of section clerks of the same court. The Personnel Office shall handle affairs relating to personnel management and audit, pursuant to the law, and may be divided into sections. The position of section chief is grade 9 of the recommendation rank.
Article 41
(The Accounting Office and the Statistics Office)
A high court shall have an Accounting Office, and a Statistics Office, staffed by one director respectively with position ranking of grade 10 of the selection rank. As required, assistants may be staffed in each office, pursuant to the law, to handle matters relating to annual budgets, accounting and statistics, and the offices may be divided into sections. The position of section chief is grade 9 of the recommendation rank.
Article 42
(The Information Management Office)
A high court shall have an Information Management Office, staffed by one director with position ranking of grade 10 of the selection rank, under the supervision of the president, and 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 ranking of grades 3 to 5 of the elementary rank. As required, section chiefs, and developers may be staffed, where the position ranking of section chief is grade 9 of the recommendation rank, and that of developers are grades 6 to 8 of the recommendation rank, to handle matters relating to information processing.
Article 43
A branch court of a high court shall have one president, to be served concurrently by a judge, to handle administrative affairs of the branch court.
Article 44
(The President's Authority)
The president of a high court may assign judges from the main court to serve concurrently as a judge in a branch court.
Article 45
(The Jurisdictions of Branch Courts)
The jurisdictions of a branch court are identical to that of a high court.
Article 46
(Applicable law of Branch Courts)
The provisions of Articles 34 through 42 shall apply mutatis mutandis to high courts' branch courts.