Chapter 8 Disciplinary Actions towards Attorneys
Section 2 Review Procedures
The Attorney Disciplinary Committee shall accept the disciplinary complaints and serve a copy of the letter stating the reasons on the attorney to be referred to disciplinary proceedings. Such attorney shall file a defense within 20 days after receipt of such letter. Those who file the defense after such time limit shall have no effect on the progression of disciplinary proceedings.
The referring authority and organization, the attorney to be referred to disciplinary proceedings and his/her representative may apply for reading and copying the case files and the evidence; provided, however, that the Attorney Disciplinary Committee may refuse or restrict such right if there is a need for confidentiality in accordance with the law, or if it involves any privacy or business secrets of any third parties.
Any criminal investigations or trials of any case shall not suspend disciplinary proceedings for the same case; provided, however, that the disciplinary action should be decided based on whether the criminal offense is established, and as the Attorney Disciplinary Committee considers necessary, disciplinary proceedings may be suspended until the criminal judgment is determined.
The Attorney Disciplinary Committee shall investigate evidence ex officio, and may engage a local court or other authority to do so. If it is necessary to inquire about the attorney referred to disciplinary proceeding, the Attorney Disciplinary Committee may notify him/her to be present in such investigation and make a transcript of his/her statements.
The chairman of such committee may designate one to three members to investigate the evidence ex officio stipulated in the preceding paragraph.
The court or the authority so engaged under Paragraph 1 hereof shall reply with respect to the investigation in writing and attach thereto the investigation transcript and relevant information.
The inquiry and investigation conducted by the Attorney Disciplinary Committee shall not be made public, unless the attorney referred to disciplinary proceedings applies for disclosure of such inquiry or investigation as approved.
The provision of the preceding paragraph shall apply when the local court or other authority is engaged to investigate the evidence under the preceding Article.
The Attorney Disciplinary Committee shall complete its review within three months after accepting a disciplinary case, and may extend the review to six months, if necessary.
When the Attorney Disciplinary Committee holds a meeting for review of a case, it shall notify the attorney referred to disciplinary proceedings to present his/her statements in such meeting. However, the review may be carried out without waiting for such attorney to make his/her statements who fails to be present in such meeting without justifiable reasons.
The attorney referred to disciplinary proceedings may engage another attorney to make a statement on his/her behalf under the preceding paragraph.
The attorney referred to disciplinary proceedings who is involved in any one of the violations stated in Article 73 hereof shall be subject to disciplinary actions as resolved by the Attorney Disciplinary Committee; in the case of insufficient evidence or in the absence of any violations stated in Article 73 hereof, such attorney shall not be subject to any discipline as resolved by the Attorney Disciplinary Committee.
In case of any of the following situations, any disciplinary case should be resolved to be a no-review case:
1. The Attorney Disciplinary Committee has made a final decision on the disciplinary action towards the same conduct by the attorney; or
2. The period of exercise of the disciplinary right stipulated in Article 102 hereof has been lapsed.
In case of any of the following situations, any disciplinary case should be resolved to be not accepted:
1. Any referral to disciplinary proceedings which violates the rules and cannot be corrected, or which fails to be corrected after being notified of such violation; or
2. The attorney referred to disciplinary proceedings dies.
The review meeting of the Attorney Disciplinary Committee shall be attended by more than two-thirds of the members as the quorum. However, any members who shall recuse themselves in any situations stipulated in Article 81 hereof shall not be counted in the attendance.
The review shall be determined by the opinion that is agreed upon by a majority of the members.
If the opinions under review are divided into three or more and none of such opinions wins a majority of the votes cast by the members, the votes won by the opinion that are most unfavorable to the attorney referred to disciplinary proceedings shall be counted as the vote won by the opinion that are second most unfavorable to such attorney, until a resolution may be made based on an opinion that wins the majority of the votes cast by the members.
The review shall not be made public, and its opinions shall be recorded in the review book and be kept in strict confidence.
The review by the Attorney Disciplinary Committee shall be made into a resolution documenting the following matters:
1. The name, gender, and age of the attorney to referred to disciplinary proceedings, and the local bar association to which such attorney belongs;
2. The cause of disciplinary actions;
3. The main text of the resolution;
4. Factual evidence and reasons for the resolution;
5. The year, month, and day of the resolution; and
6. A re-examination request may be filed within 20 days from the date of receipt of the resolution;
The chairman and the members present at the review meeting shall sign the resolution.
The Attorney Disciplinary Committee shall serve the original copy of the resolution on the authority or organization referring to disciplinary proceedings and the attorney referred to disciplinary proceedings.
Except as otherwise provided in this chapter, the provisions of the Code of Administrative Procedure shall apply to the procedures for reviewing disciplinary actions towards attorneys on a mutatis mutandis basis regarding the service, date, period, interpretation, and making of transcripts.