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Chapter 11 Supplemental Provisions
Article 97
Within six months before the effective date of voluntary retirement or severance, a tenured judge or prosecutor may apply to the Ministry of Examination for a waiver of all testing subjects for the Attorney Qualification Examination and to obtain the qualification for an attorney license.
The application referred to in the preceding paragraph shall attach the order of appointment issued by the Judicial Yuan or the Ministry of Justice, qualification certification letter by the Ministry of Civil Service, and certificates of good service record issued by the affiliated agency of the applicant. The Judicial Yuan and the Ministry of Justice shall respectively promulgate regulations concerning the contents and standards of the certificates of good service record and other matters that must be complied.
Article 98
An incumbent judge having already been appointed as a tenured judge before the implementation of this Act shall have ipso facto obtained the appointment qualifications for a judge without going through the selection procedure and the calculation of the seniority shall not be affected, so shall be a tenured prosecutor appointed before the implementation of this Act.
The seniority of a judge and a prosecutor shall be jointly calculated with each other.
Article 99
Anyone who has not yet obtained the appointment qualifications for a tenured judge or a tenured prosecutor before the implementation of this Act shall obtain the appointment qualifications subject to the relevant laws and regulations prior to the implementation of this Act, provided, however, however, that the limitations on the assistant judge to serve only as an associate or a designated judge during the assistant period shall apply the provisions under this Act .
Article 100
Article 77, Paragraph 3 shall not apply to a tenured judge or a prosecutor who has ceased to handle cases in accordance with Article 40, Paragraphs 1 or 2 of the Act Governing the Judicial Personnel before the implementation of this Act and has been provided with remunerations of an incumbent judge or prosecutor.
Article 101
After the implementation of this Act, any provision concerning judges or prosecutors under the existing laws in conflict with in this Act shall no longer be applicable.
Article 101-1
For cases that were filed with the Disciplinary Chamber of the Judiciary before the amended provisions to this Act came into effect on June 28, 2019, and not yet concluded, after the amendments to this Act are implemented, they shall be handled in accordance with the following provisions:
1. The trial shall be continued by the Disciplinary Chamber of the Judiciary in accordance with the amended procedural regulations. However, for the procedures that had been carried out in accordance with the law before the amendment is implemented, the effect thereof shall not be affected.
2. The types of disciplinary action and other substantive regulations shall be subject to the regulations before the implementation of the amendments. However, if the amended regulations after the implementation are in favor of the judges and prosecutors subject to the discipline, the regulations that are most favorable to the judges and prosecutors subject to the discipline shall apply.
Article 101-2
Before the implementation of the amendment to Article 50-1, if there are circumstances as specified in Paragraph 1 of the said Article, they shall not apply to the provisions after the implementation of the amendments thereto.
Article 101-3
For those who had served as the member of the Judicial Selection Committee, the member of the Judicial Evaluation Committee, and the judge of the Disciplinary Chamber of the Judiciary provision before the implementation of Article 7, Article 34, and Article 48 of this Act as amended on June 28, 2019, the term of office shall end on the preceding one day upon the date of implementation of the aforementioned Articles, and shall not be subject to limitations on the term of office prior to the amendments.
Article 102
The Judicial Yuan, in conjunction with the Executive Yuan and the Examination Yuan, shall promulgate the Implementing Regulations of this Act.
The formulation, amendment, and abolishment of rules promulgated by the Taiwan Bar Association under the authorization of this Act shall be submitted to the governing authority for reference and immediately forwarded to the Legislative Yuan.
Article 103
This Act shall be implemented one year after being promulgated, except that the judge evaluation under Chapter 5 shall be implemented six months after being promulgated and Article 78 to be implemented three years and six months after being promulgated.
The amended Articles of this Act shall come into effect on the date of promulgation, unless a separate date is set for an Article's implementation.
The provisions of this Act as amended on June 28, 2019, shall be implemented one year after being promulgated, except for Article 2, Article 5, Article 9, Article 31, Article 43, Article 76, Article 79, and Article 101-3, which shall be implemented from the date of promulgation.
With the exception of Article 76, which shall come into effect on the date of promulgation, the date of implementation of the provisions of this Act, as amended on May 31, 2022, shall be determined by the Judicial Yuan.