Goto Main Content
:::

Chapter Law Content

Chapter 3 Judicial Ethics and Supervision of Judges
Article 13
A judge shall conduct unbiased, independent, and fair trials in accordance with the Constitution and the laws, based on conscience, and not subject to any intervention.
A judge shall adhere to the Code of Conduct for Judges, whose content shall be formulated through consultation by the Judicial Yuan with judges' representatives from across the nation.
Article 14
A judge shall take the oath under the law when inaugurated. The oath shall read as follows: "I do hereby solemnly declare that I accept the appointment of the State, and that I will faithfully abide by the Constitution and the laws, uphold the unbiased and independent spirit, be fair, incorrupt, diligent and prudent in executing the duties of a judge. I am willing to accept the most severe penalties for breaking of this oath."
Article 15
A judge shall not participate in any political party, political organization, or their activities during the term of services, and shall withdraw therefrom if already joined before being appointed.
Any judge who seeks election for any kind of public office shall resign from the judgeship position or retire or take severance in accordance with the law before the anniversary of serving term in the respective public office. Any judge who participates in a re-election , special election , or the legislature election following the dissolution of the Legislative Yuan by the President shall do the same before submitting the registration for that election.
No judge may be registered as a candidate for the election of public office for violation of the preceding paragraph provision.
Article 16
No judge may concurrently serve the following positions or perform duties for the following businesses:
1. Legislative representative at central or all local levels.
2. Positions not to be served concurrently under the Civil Servants Service Act.
3. Commissioner of the legal or administrative appeals commission for agencies other than the judiciary, or commissioner of the Civil Servants Protection and Training Commission.
4. Director, supervisor, or other executive position at all levels of private schools.
5. Other position or duty that may be sufficient to impact on the independence of justice or incompatible with the professional ethics or occupational dignity for a judge.
Article 17
A judge must seek approval of the agency he/she serves for concurrently taking position other than stipulated in the preceding article. The Justices, presidents of courts at all levels, and agency chiefs must seek approval of the Judicial Yuan.
Article 18
A judge may not engage in any act detrimental to the dignity of the position or credibility, and must strictly adhere to the duty of confidentiality.
The duty of confidentiality referred to in the preceding paragraph must continuously be adhered to even after leaving the position.
Article 19
A judge is subject to supervision of duties to the extent that there is no influence on judicial independence. The supervision of duties includes prohibiting a judge from committing illegal conduct while carrying out duties, correcting a judge's improper speech or conduct, and prompting a judge to expedite the execution of duties in accordance with the law.
A judge may request the Disciplinary Chamber of the Judiciary to revoke the supervision of duties on the ground that the supervision has undermined the judicial independence.
Article 20
The supervision of judges shall be carried out in accordance with the following:
1. The President of the Judicial Yuan supervises judges of courts at all levels and the commissioners of the Public Functionary Disciplinary Sanction Commission.
2. The President of the Supreme Court supervises the judges of that court.
3. The President of the Supreme Administrative Court supervises the judges of that court.
4. The President of the Disciplinary Court supervises the judges of that court.
5. The President of the High Court supervises the judges of that court, its branch courts, the district courts, and the branch district courts within its jurisdiction.
6. The president of a branch High Court supervises the judges of that court, the district courts, and the branch district courts within its jurisdiction.
7. The President of the High Administrative Court supervises the judges of that court and the branch courts within its jurisdiction.
8. The president of a branch High Administrative Courts supervises the judges of that court.
9. The president of the specialized court supervises the judges of that court.
10. The president of a district court supervises the judges of that court and its branch courts.
11. The president of a branch district court supervises the judges of that branch court.
Article 21
The individuals having the supervision authority from the preceding article may take the following measures to the supervised judge:
1. To issue an order urging the judge to take notice on matters concerning his/her duty.
2. To issue a warning for violation of the duties of a judge, tardiness in carrying out duties, or misconducts.
For the protection of people's rights to litigate and to serve in a public office, the president of a court or branch court at all levels may submit a delayed and undecided case to the Council of Judges and reassign the case to other judge(s) at the same court, or to take other appropriate disposition.
Article 22
In the event a judge under supervision committed material acts stipulated under Paragraph 1, Section 2 of the preceding article, the individual having the supervising authority under Article 20 may, in the name of the affiliated agency, request the Judicial Evaluation Committee to initiate an evaluation, or transfer the matter to the Judicial Yuan for disposition in accordance with Article 51, Paragraphs 2 and 3.
The violation is deemed to be material if a judge should recommit the matters stipulated under Paragraph 1, Section 2 of the preceding article within one year since the issuance of the warning, or have accumulated three warnings.
Article 23
The Justices of the Judicial Yuan shall promulgate the Implementing Regulations for the Self-Discipline of the Justices on such relevant matters as issues subject to self-discipline, review procedures, formulation of resolution(s), and categorization of dispositions.
The regulations referred to in the preceding paragraph shall be promulgated through resolution by a quorum of two-thirds of the incumbent Justices and two-thirds of those who are present; the same applies in amending the Regulations.
The Judicial Yuan shall promulgate the Implementing Regulations for the Self-Discipline of Judges at the Courts of All Levels on such relevant matters as issues subject to self-discipline, review procedures, formulation of resolution(s), and categorization of dispositions for the judges of the Disciplinary Court and judges at all levels.