Judges Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=A0030243

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Chapter 1 General Provisions

Article 1

The Judges Act is enacted to maintain the judicial independence of judges under the law, to protect the status of judges, and to establish the evaluation mechanism for judges in order to safeguard the right to a fair trial of the people.
The relationship between a judge and the state is a special commission of judgeship.
For matters not provided in this Act, relevant provisions of other laws shall apply.

Article 2

The term "judge" in this Act refers to the following individuals:
1. A Justice of the Judicial Yuan.
2. A commissioner of the Public Functionary Disciplinary Sanction Commission.
3. A judge of any courts.
"Judge" referred to in Section 3 of the preceding paragraph, unless specifically provided otherwise, includes probationary judge and assistant judge.
"Court" and "president" referred to in this Act, unless specifically provided otherwise, includes the Public Functionary Disciplinary Sanction Commission and its Chief Commissioner.
"Judicial administration staff" in this Act refers to the administrative personnel of the Judicial Yuan or the Judicial Personnel Study Institute of the Judicial Yuan.

Article 3

Any provision of this Act not compatible with stipulations concerning Justices of the Judicial Yuan under the Constitution and the law shall not be applicable to the Justices.

Article 4

The Judicial Yuan shall install a Judicial Personnel Review Committee to review the appointment, removal, transfer, relieve of duty, detail, evaluation, reward and discipline, certification of professional judgeship qualifications, extension of services under Article 11, as well as matters subject to the review of the Committee in accordance with other statutory provisions.
The President of the Judicial Yuan shall be an ex officio member and the Chairperson of the committee referred to in the preceding paragraph. Except for members under Section 1 below, other members shall serve a one-year term and may be re-commissioned for another term. The slate and the means of selecting committee members are as follows:
1. Eleven members to be designated by the President of the Judicial Yuan.
2. Twelve judge representatives: One from the Supreme Court, one from the Supreme Administrative Court and the Public Functionary Disciplinary Sanction Commission, two from the High Court, one from the High Administrative Court and the Intellectual Property Court, seven from district courts along with the Juvenile and Family Court, to be elected by judges among themselves at levels of courts.
3. Three academic experts: Non- prosecutors or non-attorneys recommended respectively by the Ministry of Justice and the Taiwan Bar Association with three candidates and subject to the appointment by the President of the Judicial Yuan.
The academic experts shall have voting right on a judge's initial appointment, re-appointment, transfer, relieve of duty, removal, elevation from assistant/ probationary status to probationary/ tenured status, and extension of services under Article 11;and may only attend meetings to express opinions on other matters, but shall have no voting right.
Anyone who has been disciplined shall not serve as a judge representative referred to in Paragraph 2.
The composition of various committees established by the Judicial Yuan for the purpose of submitting personnel cases to the Judicial Personnel Review Committee shall have the participation of representatives of judges, academic experts, attorneys, and prosecutors.
The Judicial Yuan shall have the authority to promulgate regulations and rules on review procedures governing the qualifications, means of creation, and relevant matters of the Judicial Personnel Review Committee, provided, however, that the Judicial Yuan and Examination Yuan shall jointly promulgate rules on review procedures concerning a judge's appointment, removal, performance evaluation, ranks and pay scale, detail, and commendation.

Chapter 2 Appointment of Judges

Article 5

A judge for the High Court and level below shall possess one of the following qualifications to be appointed:
1. Having passed the judges or prosecutors qualification examination, or having actually practiced as an attorney-at-law for more than three years and possessed the qualifications for the designated position, provided, however, that such appointment is limited to district court judges.
2. Having served as a tenured judge.
3. Having served as a tenured prosecutor.
4. Having served as a public defender for more than six years.
5. Having actually practiced as an attorney-at-law for more than six years, and possessed the qualifications for the designated position.
6. Having graduated from the department of law or the post-graduate law program thereof of a public or duly recognized private university or college, served for a combination of more than six years as a full time professor, an associate professor or an assistant professor at a university or an independent college accredited by the Ministry of Education, and lectured on a primary legal subject for more than two years with publication(s) in the legal profession, and possessed the qualifications for the designated position.
A judge for the High Administrative Court shall possess one of the following qualifications to be appointed:
1. Having served as a tenured judge.
2. Having served as a tenured prosecutor.
3. Having served the duty of a judge or a prosecutor, and as a civil servant for a combination of more than eight years.
4. Having actually practiced as an attorney-at-law in administrative litigation for more than eight years, and possessed the qualifications for the designated position.
5. Having graduated from the department of law, political science, public administration or the post-graduate program thereof of a public or duly recognized private university or an independent college, served for a combination of more than eight years as a full time professor, an associate professor, or an assistant professor at a university or an independent college accredited by the Ministry of Education, lectured on the subject of constitutional law, administration law, trademark law, patent law, tax law, real property law, fair trade law, government procurement law, or other administrative laws for more than five years, with related publications on the on the above areas and possessed the qualifications for the designated position.
6. Having graduated from the department of law, political science, or public administration or the post-graduate program thereof of a public or duly recognized private university or an independent college, served as a research fellow, an associate or assistant research fellow at the Academia Sinica for a combination of more than eight years, has lectured on the subject of constitutional law or administrative law, with related publications on the above areas and possessed the qualifications for the designated position.
7. Having graduated from the department of law, political science, public administration or the post-graduate program thereof of a public or duly recognized private university or an independent college, served as a civil servant with the senior grade for more than ten years of experience on administrative appeals or legal affairs, and with publications on constitutional law or administrative law.
A judge of the Supreme Court, the Supreme Administrative Court or a commissioner of the Public Functionary Disciplinary Sanction Commission, unless provided otherwise, shall possess one of the following qualifications to be appointed:
1. Having served as a Justice, and possess the qualifications for the designated position.
2. Having served as a commissioner of the Public Functionary Disciplinary Sanction Commission.
3. Having served as a tenured judge for more than twelve years.
4. Having served as a tenured prosecutor for more than twelve years.
5. Having actually practiced as an attorney-at-law for more than eighteen years, and possessed the qualifications for the designated position.
6. Having graduated from the department of law or the post-graduate program thereof of a public or duly recognized private university or an independent college, served as a full time professor at a university or an independent college accredited by the Ministry of Education for more than ten years, lectured on a primary legal subject for more than five years, with publications in the legal profession and possessed the qualifications for the designated position.
"Primary legal subjects" in Paragraph 1, Section 6 and Paragraph 3, Section 6 refer to constitutional law, Civil Code, Criminal Code, private international law, commercial law, administrative law, civil procedure, criminal procedure, administrative procedure, compulsory execution law, bankruptcy law, or other primary subjects designated by the Examination Yuan as such.
The qualifications for the appointment of judges at other specialized courts shall be stipulated by other statutes.
For justices, attorneys, professors, associate professors, assistant professors and Academia Sinica fellows, associate fellows, or assistant fellows who do not possess the qualifications for the designated positions, the examination for the qualifications of the designated positions may be in the form of a written test, oral test together with the evaluation of publications or inventions, review of knowledge- and ability-related education and work experiences and background certification review. The Examination Yuan shall promulgate the examination regulations.
Anyone who passes the qualifications examination for the designated position pursuant to the preceding paragraph only acquires the eligibility to be appointed through the measures of the Judicial Yuan, in term assigned by the Examination Yuan in accordance with Article 7.
The Judicial Yuan and the Examination Yuan shall jointly promulgate measures for the standards, procedure, age limitation, and other compliance matters concerning the judgeship appointment in the preceding paragraph .

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, must meet the selection qualifications. So shall be those who have once served as judges, resigned for cause, and apply for reinstatement.
The Judicial Yuan shall install a Judicial Selection Committee for the selection of judges.
The President of the Judicial Yuan shall be an ex officio member and the Chairperson 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 slate and the means of selecting committee members are as follows:
1. Two Examination Yuan representatives: To be appointed by the Examination Yuan.
2. Six 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 for nomination by the President of the Judicial Yuan with a slate of twice the quota, before being voted on by nationwide attorneys.
5. Six academia and societal representatives: To be commissioned by the President of the Judicial Yuan, with scholars possessing expertise in law, sociology, and psychology.
Resolutions of the Committee referred to in Paragraph 2 shall be carried with the quorum of two-thirds of the total committee members and agreed to by the majority of those present.
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 promulgate rules of review by the Judicial Selection Committee.
The Judicial Yuan, the Executive Yuan, and the Taiwan Bar Association shall respectively promulgate rules concerning the qualifications, voting process, and refill of vacant committee membership, and the committee shall be promulgated by the with voting to be conducted separately.

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 Article 5, Paragraph 1, Section 1 is deemed to be an assistant judge for a period of five years. After the assistant period is fulfilled and satisfactory evaluation is received, the appointee shall be a probationary judge for a period of one year, so are those directly commissioned and assigned through the passing of the judges or prosecutors examination.
An appointee possessing the qualifications under Article 5, Paragraph 1, Sections 4 to 6 and Paragraph 2, Sections 3 to 7 shall be a probationary judge for a period of two years; the period shall be one year for those who have served a combination of more than ten years as judges, prosecutors, and civil servants, or have practiced as attorneys for more than ten years.
The assistant judges referred to in Paragraph 1 shall rotate among themselves and take charge of the following matters, provided, however, that the Judicial Yuan may adjust the assignments dependent on the actual situations:
1. Detail to the higher court for matters stipulated under Article 34, Paragraph 3 of the Court Organic Act and Article 10, Paragraph 5 of the Administrative Court Organic Act for one year.
2. Filling in as associate and designated judges at bench trials of the district court for two years.
3. Independently presiding over related [interlocutory] rulings in civil and criminal cases other than juvenile cases, civil and criminal cases under summary proceedings, civil small claim cases, or criminal cases under summary trial proceedings for two years.
From the third year, an assistant judge may, in addition to presiding independently over matters referred to in Section 3 of the preceding paragraph, preside over criminal cases under Article 376, Sections 1 and 2 of the Criminal Procedure Code.
An assistant judge shall rotate and take charge of the matters stipulated in all the sections of Paragraph 3, provided, however, that the Judicial Yuan may adjust the sequence and the slate of judges for assignments concerning Sections 1 and 2 as its businesses require, and the respective courts may adjust the rotation for matters concerning Sections 2 and 3 as its businesses require.
Assistant and probationary judges are subject to service performance evaluation, with the grading of whom to be submitted to the Judicial Personnel Review Committee for review upon fulfillment of their term. Probationary or tenured judgeship shall be granted when qualified. Re-evaluation and review shall be conducted within two years if not qualified. Further disqualification shall result in the discontinuation of assistant or probationary status and the relief of duty.
The items of the service performance evaluation referred to in the preceding paragraph includes knowledge, work ethics, quality of judgment, 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 disqualification is rendered, notice shall be given to the reviewed assistant or probationary judge to express opinions.
The Judicial Yuan shall establish a Review Committee to review the rulings, judgments or relevant documents of the assistant or probationary judge, , with the term and review criteria, among other things, to be determined separately by the Judicial Yuan.
The Judicial Yuan shall promulgate measures concerning the related evaluation and re-evaluation of assistant or probationary judges for matters they have handled during their term.

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.

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 Court 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 Chief Commissioner of the Public Functionary Disciplinary Sanction Commission supervises the commissioners of that commission.
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 judgesof 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 commissioners of the Public Functionary Disciplinary Sanction Commission and judges at all levels.

Chapter 4 Council of Judges

Article 24

The respective court and its branch courts shall each install a Council of Judges to resolve the following matters:
1. Allocation of judicial affairs for the next year, acting sequence, and assignment of judges for the penal trial in accordance with the law and regulations promulgated by the Judicial Yuan on the assignment of judicial affairs.
2. Recommendations for the judges' evaluations.
3. Recommendations for the supervisory disposition of a judge under Article 21.
4. Other recommendations having material impact on the rights and obligations of judges.
The individuals to whom the resolution referred to in Section 1 of the preceding paragraph is directed do not include those judges being detailed to other agencies for special assignments.
If it should be necessary to alter the judicial assignments due to the increase or decrease of caseload after the annual allocation is done, the president of a court may make such adjustment after consulting with related division-chief judges and other judges, provided, however, that in the event a large scale alteration of judicial assignments for judges is necessary due to transfer or relocation of judges, the adjustment shall be subject to the resolution by the Council of Judges.
Where the president of a court believes a resolution of the Council of Judges concerning matters stipulated in Paragraph 1, Section 1 or the proviso to Paragraph 3 is in violation of the law, the president shall, within five days since the resolution, submit in writing and attach with ratio decidendi to the Council of Judges for reconsideration. If the original resolution is affirmed by a quorum of two-thirds of judges and a vote of more than three-fourths of those present, the president may, within five days since the affirmation is rendered, petition the Court of the Judiciary for a declaratory resolution that the affirmation violates the law.
Once a resolution of the Council of Judges concerning matters stipulated in Paragraph 1, Section 1 or the proviso to Paragraph 3 is declared unlawful by the Court of the Judiciary, that resolution shall be null and void. Where the Council of Judges does not resolve on the reconsideration within fifteen days upon receipt of the written request, or does not affirm the original resolution, the original resolution shall become invalid.
Under the circumstances stipulated in the preceding paragraph, the president of the court may provide an alternative judicial assignment proposal in lieu of the original resolution.
In reviewing a petition under Paragraph 4, the Court of the Judiciary shall issue its ruling within thirty days upon admission of the petition, and may do so without oral argument.
The president of a court shall reject the recommendations in a resolution of the Council of Judges concerning matters stipulated in Paragraph 1, Sections 2 to 4, if deemed to be in violation of the law or difficult to enforce, and shall provide in writing or through other appropriate means, an explanation within one month.

Article 25

The Council of Judges shall be composed of all judges actually conducting cases, chaired by the president of the court, chairperson and convened semiannually, except that no meeting may be convened if there should be no item on the agenda. When necessary, an ad hoc meeting may be convened by the chairperson or the proposition of more than one-fifth of the judges.
Except the affirmation under Paragraph 4 of the preceding article, a resolution of the Council of Judges shall be reached with a quorum of more than half of the judges and consented to by more than half of those present. The chairperson shall enter the vote in the event of a tie. For judges who cannot attend with cause, a proxy may be submitted to delegate the attendance to other judges, provided, however, that each judge may only delegate to one other judge.
The number of proxies shall not exceed one-third of the quorum referred to in the preceding paragraph.

Article 26

The Council of Judges may establish a Task Force on Judicial Affairs Assignment or other task force to study matters stipulated under the respective sections of Article 24, Paragraph 1 and submits its opinions to the Council of Judges for resolution.
In the event of occurrences provided in the proviso to Article 24, Paragraph 3, the Task Force referred to in the preceding paragraph may also draft the alternative assignment proposal(s) and submit to the Council of Judges for resolution.
The assignment proposals referred to in the preceding two paragraphs shall take into consideration the need of trial affairs, the expertise of the undertaking judges, stability in carrying out duties, and fairness on the burden of workload.
The Task Force referred to in Paragraph 1 shall be composed of judges' representatives for the term of one year. The numbers and re-electability shall be determined by the Council of Judges.
The judges' representatives referred to in the preceding paragraph shall include the president of the court as an ex officio representative, one-third to be designated by the president, and two-thirds selected by the methods determined by the Council of Judges.

Article 27

Where judges' representatives referred to in the preceding article can no longer carry out duties due to transfer or other reasons, the vacancies shall be filled respectively in accordance with the same method of selection and for the rest of the term.

Article 28

The president of the court or his/her designee shall chair the meetings of the Task Force on Judicial Affairs Assignment A resolution of the meeting requires a quorum of more than two-thirds of the judges' representatives and consent by more than half of those present. The chairperson shall enter the vote in the event of a tie.

Article 29

The Judicial Yuan shall promulgate the procedure rules for the Council of Judges, enforcement of resolutions and recommendations as well as related matters concerning the composition and operations of the Task Force on Judicial Affairs Assignment or other task forces.

Chapter 5 Judge's Evaluation

Article 30

The Judicial Yuan shall install a Judicial Evaluation Committee to conduct evaluation of judges.

An individual evaluation shall be conducted on a judge who has any of the followings:
1. Having sufficient facts to conclude the existence of obvious and significant error(s), committed intentionally or with gross negligence, on cases with final judgment rendered or without final judgment for more than six years since the date of the attachment of jurisdiction at the first instance, thereby causing serious damage to the right of the people.
2. Violation of Article 21, Paragraph 1, Section 2 in a severe way.
3. Violation of Article 15, Paragraphs 2 and 3.
4. Violation of Article 15, Paragraph 1, Article 16, or Article 18 in a severe way.
5. Gross violation of case management procedures or rules of duties in a severe way.
6. Undue delay of adjudication without proper justification which impact on the rights of the parties in a severe way.
7. Violation of judges' ethical rules in a severe way.
Legal interpretation or opinion of the law shall not be the basis of individual evaluation of a judge.

Article 31

The Judicial Yuan shall at least complete a comprehensive evaluation of all the judges once every three years as the reference for judges' performance rating. The results of the evaluation shall not be publicized.
Once a judge is found to be eligible for individual evaluation due to the rating results from the evaluation referred to in the preceding paragraph, the Judicial Yuan shall transmit the evaluation to the Judicial Evaluation Committee for individual evaluation.
The Judicial Yuan shall promulgate the criteria, items, and methods for the performance rating referred to in Paragraph 1 in accordance with the opinions of the Judicial Evaluation Committee.

Article 32

The Judicial Yuan shall conduct a group performance rating among the various levels of courts once every three years and publicizethe results as the reference of performance rating for the presidents of various levels of courts.
The Judicial Yuan shall promulgate the criteria, items, and methods for the performance grading referred to in the preceding paragraph.

Article 33

The Judicial Evaluation Committee shall be composed of three judges, one prosecutor, three attorneys, as well as four scholars and societal representatives.
The recusal for members of the Evaluation Committee shall apply, mutatis mutandis, the correlative provisions concerning a judge's recusal under the Administrative Litigation Act.

Article 34

The term of the Judicial Evaluation Committee members shall be two years and may serve one additional term. The means of selection of the committee member are as follows:
1. Judge representatives are elected by all judges.
2. Prosecutorial representative is elected by all prosecutors.
3. Attorney representatives are elected by a nationwide voting of attorneys sponsored by the national bar association on the ballet of one to three candidates nominated by each respective local bar association.
4. Scholars and societal representatives are appointed by the President of the Judicial Yuan, with nomination by the Ministry of Justice and the national bar association of four candidates from each and other than prosecutors and attorneys.
A candidate may not serve as a committee member under Section 3 or 4 of the preceding paragraph if one of the followings is met:
1. A civil servant except faculty and research staff of public schools of all levels or academic research institutions.
2. A staff member of a political party.
The Judicial Yuan, the Executive Yuan, and the Taiwan Bar Association, respectively, shall promulgate relevant regulations concerning the qualifications, election procedures and filling of vacancies of the Judicial Evaluation Committee members , with voting to be conducted separately.

Article 35

In the event of a judge having any of the conditions stated under any of the sections of Article 30, Paragraph 2, the following individuals, agencies, or organizations, if deem necessary, may request the Judicial Evaluation Committee to initiate a individual evaluation:
1. Three or more judges of the agency with which the judge to be evaluated is affiliated.
2. The affiliated agency, the superior agency, or the counterpart prosecutorial office of the court where a judge is to be evaluated.
3. The local bar association to the jurisdiction of a court with which the judge to be evaluated is affiliated or the national bar association.
4. A foundation having NT$10 million or more registered assets, or an incorporated charitable association having more than 200 members, being approved and established for more than three years and having contributed to the betterment of justice, and have received permission from the competent governmental authority to request for a individual evaluation.
The request referred to in the preceding paragraph shall be in writing that expressly contains substantive facts with respect to items listed under the respective section of Article 30, Paragraph 2, and attachment with relevant materials.
A party or a victim of a crime may file an asking to the agency or organization referred to in Paragraph 1 to request the Judicial Evaluation Committee to initiate a individual evaluation.
A judge may file a petition to the agency with which he/she is affiliated to request the Judicial Evaluation Committee to initiate a individual evaluation if he/she deems it necessary to clarify matters stipulated in the respective section of Article 30, Paragraph 2.
[The Judicial Evaluation Committee] shall, in handling a petition for an individual evaluation, first review whether there is any ground to deny the evaluation under Article 37 and may not summarily engage in investigation or notify the judge to express opinions.
The Judicial Yuan and the Executive Yuan shall jointly promulgate measure for granting permission under Paragraph 1, Section 4.

Article 36

A petition for individual evaluation shall be filed within two years.
The period in the preceding paragraph, if not related to a litigation conducted by the judge, begins from the date the facts concerning the evaluation has ended; if related to a litigation conducted by the judge, begins from the date the case is closed, provided, however, that for cases under in Article 30, Paragraph 2, Section 1, it begins from the date of the final judgment or the date after the six anniversary.

Article 37

The Judicial Evaluation Committee shall deny the individual evaluation petition on any of the following grounds:
1. The petition does not comply with Article 35.
2. The petition has exceeded the time limit in the preceding article.
3. The petition is out of the scope of an individual evaluation.
4. The petition is for legal interpretations.
5. The petition is a resubmission on matters already disposed of by the Court of the Judiciary, impeached by the Control Yuan, or resolved by the Judicial Evaluation Committee.
6. Death of the judge to be evaluated.
7. The petition is clearly without cause.

Article 38

The Judicial Evaluation Committee shall resolve to deny the petition if the judge is deemed not to have any of the situations stipulated in Article 30, Paragraph 2. Where necessary, the petition may be forwarded to the duty supervisor for proper dispositions in accordance with Article 21.

Article 39

The Judicial Evaluation Committee may render the following resolutions if it deems a judge to have any of the situations in Article 30, Paragraph 2:
1. Where disciplinary measures are necessary, submit the petition to the Judicial Yuan to be forwarded in turn to the Control Yuan, and may recommend the type of discipline(s).
2. Where disciplinary measures are not necessary, submit the petition to the Judicial Yuan and forward to the Judicial Personnel Review Committee for review, and may recommend the type of disposition.
Before a resolution referred to in the preceding paragraph is reached, the judge to be evaluated shall be afforded an opportunity to express opinions.

Article 40

The Judicial Yuan shall, in accordance with the resolution of the Judicial Evaluation Committee in the preceding article, provide the relevant materials of the judge under the individual evaluation and submit to the Control Yuan or forward to the Judicial Personnel Review Committee for review.

Article 41

The resolution of the Judicial Evaluation Committee, unless otherwise stipulated in this Act, shall be reached by a quorum one-half of the total committee members and a vote of more than half of those who are present.
For the Judicial Evaluation Committee to render a resolution in accordance with Article 37, it may be based on the review and consensus of three of its members. The composition of the three members shall be determined by the Committee.
For the Judicial Evaluation Committee to render a resolution in accordance with Articles 38 and 39, it shall be based on a quorum of two-thirds of the total committee members and a vote of more than half of those who are present.
The total number of the committee members referred to in Paragraphs 1 and 3 shall exclude vacancies resulting from those who are not appointed or elected in accordance with the regulations, discharged of duty or deceased amid their term, provided, however, that the total number shall be no less than eight.
The Judicial Evaluation Committee may conduct necessary investigations or notify related parties to appear and to explain. The information derived from the investigation, unless otherwise provided by law or regulation, may not provide to other agencies, organizations, or individuals, or be available for browsing or transcribing.
Where an individual evaluation involves a pending litigation conducted by the judge to be evaluated, the evaluation shall stay until that judge finalizes the litigation.
The Judicial Yuan may appoint staff to assist the review and investigation of evaluation petitions, and to be in charge of other matters related to the evaluation.
In discharging its duties, the Judicial Evaluation Committee shall concurrently consider the full play of the evaluation functions and the procedural protection to the judge under evaluation, while not impacting on judicial independence.
Unless consented to by the judge under evaluation or resolved by the committee, no proceedings of the Judicial Evaluation Committee in accordance with the preceding paragraph may be disclosed.
The Judicial Yuan shall promulgate the organic and implementing regulations of the Judicial Evaluation Committee.

Chapter 6 Protection of Judges

Article 42

A tenured judge shall not be removed from office unless having found to have of any of the followings:
1. Received final conviction and sentence for civil disturbance, treason, or intentional abuse of office.
2. Received final conviction and imprisonment sentence of a crime other than prescribed in the preceding section and is detrimental to the judgeship.
3. Received a declaration of guardianship.
A tenured judge, on the date the declaration of guardianship or assistance is announced, may retire from his position or receive severance in accordance with the relevant provisions
If an incumbent Justice should incur any of the matters stipulated in Paragraph 1, the Judicial Yuan shall, with a quorum of two-thirds of the Justices and an agreement of more than two-thirds of those present, submit a request to the President for the removal from office.
Unless provided otherwise in this Act, Paragraphs 1 and 2 shall apply, mutatis mutandis, to assistant and probationary judges.

Article 43

Unless provided otherwise by law, a tenured judge shall not be suspended from carrying out duties unless one of the following circumstances is met:
1. Not qualified to serve as a civil servant in accordance with Article 28, Paragraph 1, Sections 1 to 8 of the Civil Service Employment Act.
2. Not fit for duties due to psychiatric illness or mental disorder and with certification from a teaching hospital.
3. Matters stipulated in Article 6, Section 5.
4. Under circular order or detention in accordance with the criminal procedures.
5. Under the execution of a imprisonment sentence or detention from a final criminal conviction not converted to a fine or a pecuniary sentence being converted to forced labor in accordance with the law.
6. Having involved in a significant criminal matter and subject to a disciplinary measure.
7. Not fit for duties due to physical, psychological disabilities or other reasons and with certification from a qualified hospital recognized by the central health governing authority.
A tenured judge under legal suspension of duty may, within three months upon the extinction of the reasons for suspension, apply for reinstatement in accordance with the related provisions of the Civil Service Civil Servants Protection Act and the Civil Servants Disciplinary Sanctions Act.
The salary and remuneration for tenured judges during the period of suspended and after reinstatement due to matters stipulated in Paragraph 1, Sections 1 to 6 shall apply, mutatis mutandis, the Civil Service Remunerations Act. For suspension of duties based on Paragraph 1, 7, the remuneration shall be one-third of the basic salary and allowance in accordance with Article 71, Paragraph 1, provided, however, that such pay period shall not exceed three years.
If a Justice should incur any of the matters stipulated in the respective section of Paragraph 1, the Judicial Yuan shall, with a quorum of two-thirds of the Justices and an agreement of more than two-thirds of those present, submit a request to the President for the removal from office. For suspension of duties based on Paragraph 1, Section 7, the remuneration shall be one-third of the basic salary and allowance in accordance with Article 72 during the period of suspension.

Article 44

Unless provided by law or agreed to in person, no tenured judge may be transferred to any position other than a judgeship.

Article 45

In addition to securing the personal consent, a commissioned judge is not subject to regional transfers unless is met with one of the following causes:
1. Installation of a court, merger of courts or adjustment of staffing quota.
2. Urgent need of supplemental workforce to meet the need of adjudication.
3. Reinstatement from the extinction of legal suspension.
4. Sufficient grounds to justify the relocation.
5. Need of court business with no appropriate personnel to volunteer, to detail the judge at the same level for no more than two years, and to transfer back to the same court thereafter.
The Judicial Yuan shall promulgate regulations concerning the detailing of judges under Section 5 of the preceding paragraph. The Judicial Yuan and the Executive Yuan shall jointly promulgate regulations concerning the subsidiary allowances for the period of detail.

Article 46

In addition to securing the personal consent, a tenured judge is not subject to transfer between different levels unless is met with one of the following causes:
1. To transfer to the level directly below due to the installation of a court, merger of courts or adjustment of staffing quota.
2. To strengthen the trial functions on fact finding by detailing those who have served continuously at the high court for more than two years to the court directly below.
3. The placement of the reinstated [judge] at the original court is apparently inappropriate after the cause of legal suspension is extinct.
4. Sufficient grounds to justify that the continuous serving at the original court is inappropriate.

Chapter 7 Court of the Judiciary

Article 47

The Judicial Yuan shall install the Court of the Judiciary to be in charge of the following matters:
1. Disciplinary actions against judges.
2. Judges' complaints toward the revocation of appointment qualifications, removal from office, suspension of duty, discharge of duty, transfer or detail to positions other than judgeship.
3. Performance supervision that impacts on trail independence of the judge.
4. Other matters subject to the jurisdiction of the Court of the Judiciary in accordance with the law.
No administrative litigation is available against the rulings by the Court of the Judiciary.

Article 48

The adjudication and ruling of the Court of the Judiciary shall be conducted by a panel with the Chief Commissioner of the Public Functionary Disciplinary Sanction Commission as the division-chief judge and four judges as associate judges.
At least one, but not all, of the associate judges referred to in the preceding paragraph shall be at the same level as the judge to be disciplined. For disciplinary cases concerning a Justice, all associate judgeship shall be composed of judges from the Supreme Court, the Supreme Administrative Court or commissioners of the Public Functionary Disciplinary Sanction Commission.
The judges referred to in Paragraph 1 shall possess more than ten years of experiences as tenured judges, whose candidacy shall be recommended by the Judicial Selection Committee with a slate of twelve judges, and four at each level, to be appointed by the President of the Judicial Yuan for a term of three years. The number may be increased depending on the need of operation.
The presidents of all courts shall not be a member of the Court of the Judiciary.
The assignment of affairs and acting sequence of the Court of the Judiciary shall be determined by all the judges of the Court of the Judiciary.
The Judicial Yuan shall promulgate the selection regulations for judges of the Court of the Judiciary.

Article 49

A judge is subject to disciplinary action for having any of the circumstances stipulated in Article 30, Paragraph 2 and such action is deemed necessary.
No legal opinion on the application of law shall be the basis for a judge's disciplinary action.
No same disciplinable act of a judge may be subject to being disciplined twice. The original penalty shall become invalid once the Court of the Judiciary issues the final disciplinable, non-disciplinable or dismissal ruling on the same act.
For the same disciplinable act of a judge that has already been penalized with criminal or administrative penalties, it may still be subject to disciplines. So shall be the same act not subject to criminal or administrative penalties. However, no discipline shall be imposed on di minimis violation and the rendering of such discipline is deemed to be apparently unfair.
A ruling to dismiss a case on disciplinary action shall be rendered under any of the following circumstances:
1. The same act has already been subject to the final disciplinary judgment.
2. No discipline is deemed to be necessary once a declaration to deprive citizen's rights is finalized.
3. The statute of limitation in accordance with Article 52 on the enforcement of disciplines is tolled.
4. Circumstances referred to in the proviso of the preceding paragraph.

Article 50

The disciplines of a judge are as below:
1. Removal from judgeship duties and loss of civic servant appointment qualifications.
2. Dismissal from office: In addition to dismissal from the incumbent office, all appointments are suspended for a period of no less than one year and no more than five years.
3. Removal from judgeship duties and transfer to a position other than judgeship.
4. Fine: In the amount of no less than one month but no more than one year of the total current monthly remuneration or the last monthly remuneration while in service.
5. Reprimand.
If the concrete, disciplinable facts are sufficient to show that the individual is no longer fit to be a judge, the level of disposition shall be dismissal or above.
No judge subject to disciplines referred to in Paragraph 1, Section 1 or 2 may serve as an attorney, or their placement shall be terminated for those who have already served as such. In addition, no judge subject to the disciplines referred to in Paragraph 1, Section 2 or 3 may be reinstated as a judge.
Reprimand shall be in writing.

Article 51

The discipline of a judge shall be initiated in the form of an impeachment by the Control Yuan and forwarded to the Court of the Judiciary for review.
The Judicial Yuan may forward sua sponte a disciplinable matter directly to the Control Yuan for review, in addition to being in compliance with the regulations concerning judges' evaluations.
Prior to forwarding sua sponte directly to the Control Yuan in accordance with the preceding paragraph, the Judicial Yuan shall afford the opportunity for the judge to be disciplined to provide opinions and obtain a resolution from the Judicial Personnel Review Committee.

Article 52

No judge may be disciplined by being removed from office or transferred out of judgeship if more than ten years has lapsed from the date the disciplinable act ends to the date the case is appended before the Court of the Judiciary; no fines or reprimand may be imposed if the lapse should have exceeded five years, provided, however, that under the circumstances stipulated in Article 30, Paragraph 2, Section 1, the lapsing period begins on the date individual evaluation may be submitted in accordance with this Act.
The date the act ends referred to in the preceding paragraph means the date the disciplinable act of a judge ends, provided, however, that the period begins on the date the agency the judge is affiliated with becomes aware of the disciplinable act if such act should involve non-action.

Article 53

Any judge dissatisfied with the dispositions of the Judicial Yuan on revocation of appointment qualifications, removal from office, suspension of duty, discharge of duty, transfer, or transfer to positions other than judgeship, shall file a written objection with reasons attached to the Judicial Yuan within thirty days from the next day the personnel order is received.
Any judge who contends that the performance supervision has impacted on judicial independence shall, within thirty days since the completion of the supervisory act, file a written objection with reasons attached to the agency with which the performance supervisor is affiliated.

Article 54

The agency referred to in the preceding article shall render its decision within thirty days upon receiving the objection.
The decision made on the objection referred to in Paragraph 1 of the preceding article shall be rendered with a resolution by following the original procedure.
Any judge dissatisfied with the agency decision listed in the preceding article on the objection shall, within thirty days from the second day the service of the decision is delivered, appeal to the Court of the Judiciary.
The judge may file a complaint directly to the Court of the Judiciary if the agency referred to in the preceding article should have not made a decision within the time frame provided in Paragraph 1.

Article 55

Unless agreed to by the Court of the Judiciary, a judge whose case has been forwarded by the Control Yuan for discipline shall not take severance or apply for retirement before the judgment is rendered, provided, however, that Article 78, Paragraph 1, Sections 1 to 3 shall apply, mutatis mutandis, to the calculation of seniority until the day before reaching the age of seventy, for the payment of retirement allowance to a judge who is over the age of seventy on the day of the judgment, has not been disciplined with dismissal from office or heavier penalty, and has applied for retirement within six months upon receiving the service of the judgment.
Upon receiving the forwarded case referred to in the preceding paragraph, the Court of the Judiciary shall provide a transcript of the forwarding notice to the court in which the judge serves and to the civil service personnel agency.

Article 56

The Control Yuan, the Judicial Yuan, courts of all levels, and judges may be a party to the respective section of Article 47.
Where the Court of the Judiciary hears impeachment cases forwarded to the Control Yuan by the Judicial Yuan, which, in turn, being submitted by the Judicial Evaluation Committee, the Court of the Judiciary shall notify the Judicial Evaluation Committee to dispatch delegate(s) to provide opinions before the Court.

Article 57

The proceedings of the Court of the Judiciary shall be conducted in camera, unless the Court of the Judiciary deems it necessary to open to the public, or the disciplined or complaining judge requests otherwise.

Article 58

Unless otherwise provided by law, reviews by the Court of the Judiciary shall include oral arguments.
The division-chief judge of the Court of the Judiciary, when necessary, may assign a designated judge to conduct the preparatory proceedings and clarify the cause of action(s).
The investigation by a designated judge under the assignment of the division-chief judge is limited to the following:
1. Where necessary to investigate at the location of the evidence.
2. Where investigations should be conducted outside of the courtroom in accordance with the law.
3. Where there is the likelihood that the investigation(s) on the day of oral argument will cause destruction, loss, or hardship to present evidence, or other difficulties are clearly present.

Article 59

If the Court of the Judiciary should deem it necessary to suspend the duties of the a judge in light of the seriousness of the matter, it may do so based on motion or sua sponte and notify the president of the court with which the disciplined judge is affiliated.
Before rendering the ruling in accordance with the preceding paragraph, the Court of the Judiciary shall provide the disciplined judge an opportunity to express opinions.
A judge being suspended of duties may apply for reinstatement to the Judicial Yuan once the proceeding in Paragraph 1 is dismissed. The Civil Service Remunerations Act shall apply, mutatis mutandis, to cover the remunerations for the suspension period and reinstatement.

Article 60

The Judicial Yuan shall promulgate Judges Disciplinary Case Review Rules for the Court of the Judiciary in hearing cases under Article 47, Paragraph 1, Section 1.
Unless otherwise provided in this Act, the Administrative Procedures Act shall apply, mutatis mutandis, to the proceedings and rulings of the Court of the Judiciary in hearing cases concerning the duties of a judge under Article 47, Paragraph 1, Sections 2, 3, and 4.

Article 61

A party may move for a retrial if the judgment of the Court of the Judiciary should have any of the following circumstances:
1. The application of the law is clearly erroneous.
2. The participation of a tribunal judge who should have recused him or herself in accordance with the law or a ruling.
3. The testimony, expert opinion, translation, or evidence that serve as the basis for the original judgment is proved to be false, forged or altered.
4. A participating tribunal judge who is proven to have committed a criminal offense for violating his/her duties, or is disciplined for breaching his duties concerning that case to the extent that it is sufficient to impact on the original judgment.
5. Failure to consider the critical evidence sufficient to impact on the original judgment.
6. Discovery of concrete and fresh evidence sufficient to warrant the alteration of the original judgment.
7. Alteration by later, final judgment or administrative disposition to the civil or criminal judgments, or other ruling or administrative dispositions that serve as the basis for the original disciplinary decision.
8. The law or regulation being applied in the final judgment is, based on the petition of the party, interpreted to be unconstitutional by the Justices of the Judicial Yuan.
The manifestation of situations under Paragraph 1, Sections 3 and 4 is limited to cases already having final judgment, or its criminal procedure cannot proceed or continue for reasons other than lack of sufficient evidence before a retrial can be instituted.
A retrial may nevertheless be instituted even after the enforcement of the original judgment is completed.

Article 62

The Court of the Judiciary shall have exclusive jurisdiction over retrials.

Article 63

A retrial shall be instituted based on the following period:
1. For cause of action under Article 61, Paragraph 1, Sections 1, 2 and 5, within thirty days from the next day the service of a judgment is delivered.
2. For cause of action under Article 61, Paragraph 1, Sections 3, 4 and 7, within thirty days from the next day the judgment or ruling is final.
3. For cause of action under Article 61, Paragraph 1, Section 6, within thirty days from the next day the new evidence is discovered.
4. For cause of action under Article 61, Paragraph 1, Section 8, within thirty days from the next day the Interpretation is issued.
No motion for a retrial against interest of the disciplined judge can be made within one year of judgment.

Article 64

A motion for retrial shall have no effect to suspend the enforcement of judgment.

Article 65

The Court of the Judiciary shall issue a ruling to dismiss if it should deem the retrial unlawful.

Article 66

The Court of the Judiciary may issue a judgment without oral argument to dismiss the retrial for lack of cause.
The Court of the Judiciary shall issue a judgment to dismiss the retrial, even with cause, if it deems the original judgment justified.

Article 67

The arguments and judgment for a retrial is limited to the issues raised in the review.

Article 68

A retrial may be withdrawn before the Court of the Judiciary issues its judgment.
Once withdrawn or a judgment is rendered, no motion for another retrial can be made out of the same cause of action.

Article 69

The Court of the Judiciary, after rendering its judgment, shall deliver the judgment to the president of the court with which the disciplined judge is affiliated. The president shall promptly enforce the order upon receiving of the judgment, unless no enforcement is needed.

Article 70

The discipline of a Justice may be through a resolution by a quorum of two-thirds of the incumbent Justices and a vote of two-thirds of those present, to be transmitted and forwarded by the Judicial Yuan to the Control Yuan for review.
If the Control Yuan should deem it necessary to impeach after its review, the case shall be referred to the Court of the Judiciary for review.

Chapter 8 Remunerations for Judges

Article 71

A judge shall not be classified by ranks or grade levels. The remunerations include the basic salary, specialty premium, duty premium, and locality premium, all to be calculated on monthly basis.
The pay scales and points of the basic salary referred to in the preceding paragraph shall be based on the Table on the Remunerations for Judges.
The amount of the basic salary of a judge shall be calculated in accordance with the pay points in the Table on the Remunerations for Judges, which, in turn, shall be consistent with the same standards of calculation for the pay points in the Table on the Remunerations for Civil Servants.
Salary scales for judges are distinguished as follows:
1. The basic salary for a tenured judge is divided into twenty levels, from level 1 to level 20, to start at level 20.
2. The basic salary for a probationary judge is divided into nine levels, from level 14 to level 22, to start at level 22. The measures concerning the conversion of appointments for incumbent judges shall apply, mutatis mutandis, to the calculation of remunerations for judges appointed in accordance with Article 5, Paragraph 2, Section 7 of this Act.
3. The basic salary for an assistant judge is divided into six levels, from level 19 to level 24, to start at level 24.
For an attorney, a professor, an associate professor, an assistant professor as well as a research fellow, an associate research fellow, or an assistant research fellow at the Academia Sinica to be appointed as a judge, the pay scale shall start at level 22, 21, 20, 17, or 15, corresponding with the seniority of the practices teachings or services of more than six, eight, ten, fourteen, or eighteen years.
The payment conditions, eligibilities and amount of various premiums for judges are subject to the regulations on various tables of premiums promulgated by the Executive Yuan, provided, however, that during the general annual adjustments of various premiums for the entire civil servants, the adjustments for judges shall be adjusted accordingly.
The living subsidies and year-end bonuses, among other premiums for judges shall apply, mutatis mutandis, the relevant statutes and regulations for civil servants.
For a judge who has served as a civil servant with comparable seniority to the incumbent position, similarity in nature, and excellent service records, the remuneration may be increased by the annual level to the highest grade available for the incumbent position.
The Examination Yuan , the Judicial Yuan and the Executive Yuan shall jointly promulgate regulations concerning the determination of comparable seniority, s similarity in nature, and excellent service records referred to in the preceding paragraph.

Remuneration Chart for Judges.doc

Article 72

The remunerations for the President and the Vice President of the Judicial Yuan, the Justices, the President of the Supreme Court, the President of the Supreme Administrative Court, and the Chief Commissioner of the Public Functionary Disciplinary Sanction Commission shall be provided in accordance with the following standards:
1. The President of the Judicial Yuan shall apply, mutatis mutandis, the premier level of the political appointees.
2. The Vice President of the Judicial Yuan shall apply, mutatis mutandis, the deputy premier level of the political appointees.
3. The Justices, President of the Supreme Court, President of the Supreme Administrative Court, and Chief Commissioner of the Public Functionary Disciplinary Sanction Commission shall apply, mutatis mutandis, the minister level of the political appointees.
The individuals indicated in the preceding paragraph shall also be provided with specialty premium stipulated in Paragraph 1 of the preceding article.
For the Secretary General of the Judicial Yuan transferred from judgship or the prosecutorial office, the remuneration shall be based on the standard stipulated in Paragraph 1, Section 3 and Paragraph 2.

Article 73

The president of the court or the head of an agency at which a judge is on duty, shall conduct a duty assessment of the judge at the end of every year and refer the report to the Judicial Yuan. In conducting the assessment, the president should first consult with the related division-chief judges and other judges of that court.
The items to be included in conducting a judge's duty assessment include knowledge and capability, character and integrity, work ethics, and quality of judgments. The Judicial Yuan shall promulgate related regulations concerning the assessment and remedy procedures.

Article 74

A judge who has reached the anniversary in serving duties by the end of the year, received excellent assessment, and has not been subject to any criminal penalty or disciplinary action, shall be promoted by one grade and received a bonus equal to the total amount of one-month remuneration; once the highest pay scale for the appointed position is reached, the bonus award shall be equal to the total amount of two-month remuneration. A judge who has served for six months but less than a year, and has not been received any criminal penalty or disciplinary action, shall receive half of the bonus award.
A judge who has excellent assessment for four consecutive years and has not received any criminal penalty or disciplinary action shall be, in addition to the bonus award referred to in the preceding paragraph, promoted by two grades.
For a judge or a judicial administration staff being transferred (or returned) to each other's position within a calendar year, the year of service during the transfer (or return) may be combined in the calculation of the year-end duty assessment or performance evaluation.
The related provisions with respect to grade promotion referred to in Paragraphs 1 and 2 do not apply to the assistant and probationary judges whose scores failed to pass the performance review.

Article 75

The Examination Yuan , the Judicial Yuan and the Executive Yuan shall jointly promulgate regulations concerning the change of appointment or instatement incumbent judges as well as the transfer between judges and administrative, education, or research positions.
Where the remuneration under the Table on the Remunerations for Judges is less than the original pay, then the shortfall may be filled, which amount is to be combined and given together as a salary adjustment.
The salary adjustment referred to in the preceding paragraph means the pay adjustments resulted from the national salary adjustment for military, public service and education personnel, position realignment (promotion), and grade promotion from duty assessment.

Article 76

A tenured judge transferred to a judicial administrative staff shall be deemed as a judge whose seniority and remunerations shall be calculated in accordance with the regulations on a comparable judge, and may not subject to the restrictions on the training qualifications for the promotion to senior grade stipulated in the Civil Servants Service Act. The term of transfer shall be three years and may be extended once. For those who have reached within three month prior to the mandatory retirement age for judicial administrative personnel, they shall be returning to judge positions.
If a tenured judge should concurrently serve as the president of a court, the term referred to in the preceding paragraph shall be no more than six years by combining the two terms, provided, however, that the Judicial Yuan may extend the term should it deem it necessary, and the extended term may not exceed three years.
The term provided in Article 11, Paragraph 1 and the preceding two paragraphs shall recommence after two years since the cessation of serving concurrently or the returning to original judgeship position.
Any individual referred to in Article 72 who has served as a tenured judge and is returning to a judgeship shall not be subject to the restrictions stipulated in Article 27 of the Civil Servants Service Act.
The Examination Yuan , the Judicial Yuan and the Executive Yuan shall jointly promulgate regulations concerning the transfer, return, and exchange of instatement referred to in Paragraph 1.

Article 77

Any tenured judge having served for more than fifteen years and reached the age of 70 shall cease to conduct cases but may engage in research, mediation, or other judicial administrative duties; for those who have reached the age of sixty-five may apply to be transferred to a district court to conduct summary cases.
Any tenured judge having served for more than fifteen years, reached the age of sixty-five, and being certified not fit to carry out duties due to feeble physical condition by a qualified hospital recognized by the central governing health authority, may apply to discontinue the conducting of cases.
A judge who ceases to conduct cases referred to in the preceding two paragraphs shall nevertheless be considered as an incumbent judge, is entitled to received two-thirds of the total remuneration, and may apply for voluntary retirement and pension in accordance with the Civil Servants Retirement Act and the Act Governing the Payment of Compensation to Surviving Dependents of Public Functionaries .
The Judicial Yuan shall promulgate regulations concerning the application procedures for ceasing to conduct cases referred to in Paragraphs 1 and 2, the means and items to engage in research, and business categories, among other things.

Article 78

Once a judge retires voluntarily, in addition to a one-time, lump sum or monthly pension in accordance with the Civil Servants retirement Act, a tenured judge further receives a lump sum or monthly retirement allowance(s) with the following criteria:
1. Twenty percent for more than ten years but less than fifteen years of services; thirty percent for more than fifteen years of services.
2. Forty percent for age between fifty-five and sixty and for more than fifteen years but less than twenty years of services; fifty percent for more than twenty years of services.
3. Sixty percent for age between sixty and seventy and for more than twenty years of services, with eight percent to be added for each additional year of service until the maximum of one hundred and forty percent. Four percent for the services beyond twenty years but less than six months, services that exceed six months shall be counted as one year, provided, however, that for any judge who has reached the age of sixty-five and processes voluntary retirement before reaching the age of seventy before the implementation of this Act, the payment shall be one hundred and forty percent.
4. Five percent for any judge who has reached the age of more than seventy.
If the combination of monthly retirement allowances based on the criteria in the preceding paragraph, the monthly pension under the law, and the preferential saving interests of the seniority benefit from the civil servants insurance should exceed ninety-eight percent of the monthly remunerations of an incumbent judge at same salary level, the monthly retirement allowances shall be reduced to the level not to exceed ninety-eight percent of the monthly remuneration of an incumbent judge at same pay level.
The Judicial Yuan, the Examination Yuan, and the Executive Yuan shall jointly promulgate regulations for the disbursement of retirement allowances referred to in Paragraph 2.
At the retirement of the Justices, the President of the Supreme Court, the President of the Supreme Administrative Court, and the Chief Commissioner of the Public Functionary Disciplinary Sanction Commission, , in addition to providing the severance savings in accordance with, mutatis mutandis, the Act Governing the Payment of Compensation to Surviving Dependents of the Retired Political Appointees , the retirement allowances in accordance with the preceding three paragraphs shall be provided, however, that the provisions on allowances shall not apply to those who are not transferred from a tenured judge or a prosecutor.
The preceding paragraph shall apply, mutatis mutandis, to a judge or prosecutor being transferred to serve as the Secretary-General of the Judicial Yuan transferred from a judge or prosecutor position.

Article 79

Once a judge is certified with feeble condition not suitable for duties by a qualifies hospital recognized by the central health governing authority, the relevant provisions on the severance of civil servants may apply, mutatis mutandis, to the application of severance.
Once a judge is certified with physical or mental disability difficult to recover by a qualifies hospital recognized by the central health governing authority, or has ceased to carry out duties in accordance with Article 43, Paragraph 1, Section 7 for more than three years, the relevant provisions on the severance of civil servants may apply, mutatis mutandis, to the severance of a judge.
The severed personnel referred to in the preceding two paragraphs shall, in accordance with the preceding article, be provided with a one-time retirement allowance in addition to the severance payment under the law.

Article 80

The Act Governing the Payment of Compensation to Surviving Dependents of Civil Servants shall apply to the consolation of judges.
The Act Governing the Payment of Compensation to Surviving Dependents of the Retired Political Appointees shall apply, mutatis mutandis, to on-the-job death for the Justices, the President of the Supreme Court, the President of the Supreme Administrative Court, and the Chief Commissioner of the Public Functionary Disciplinary Sanction Commission.
The preceding paragraph shall apply, mutatis mutandis, to a judge or prosecutor being transferred to serve as the Secretary-General of the Judicial Yuan transferred from the bench or the prosecutors office.

Chapter 9 Studies, Continued Education, and Leaves for Judges

Article 81

A judge shall engage in on-the-job studies every year.
The Judicial Yuan shall provide budget every year to dispatch judges at all levels of courts for judicial studies or continued education domestically or overseas.

Article 82

For every consecutive service of seven years, a tenured judge may submit a concrete research plan to the Judicial Yuan to apply for a one-year self-studies and receive full compensation during the period of studies. A research report shall be submitted to the Judicial Yuan for review after six months of the studies.
The number of self-studied personnel referred to in the preceding paragraph shall not exceed seven percent of the number of judges of that year at the respective agency, provided, however, that the number shall be rounded up to the next one if the number is less than one.

Article 83

A tenured judge may, during the term of services, submit the certified admissions documents to the Judicial Yuan and request for a leave of absence without pay after being approved.
Unless otherwise approved by the Judicial Yuan, the duration for leave of absence without pay referred to in the preceding paragraph shall not exceed three years.

Article 84

The Judicial Yuan shall promulgate regulations concerning the duration, qualifications, selection procedures, ratio for personnel chosen for continued education, and copyright of the research reports, among other related matters.

Article 85

The leave for judges shall apply the relevant regulations concerning the leave of civil servants.
Unless otherwise provided by this Act, the leave of absence without pay for civil servants shall apply, mutatis mutandis, to the judge's.

Chapter 10 Prosecutors

Article 86

The prosecutor serves as the representative of public interest to pursue and penalize against crimes in accordance with the law and to maintain social order. A prosecutor shall act beyond political partisanship, uphold the public interests protected under the Constitution and the law, and to carry out the prosecutorial duties fairly, objectively, diligently and prudently.
The term "prosecutor" in this Act refers to an individual in the following sections:
1. The Prosecutor-General, head prosecutor, or prosecutors at the Prosecutors Office of the Supreme Court.
2. The chief prosecutor, head prosecutors, or prosecutors at the prosecutors office of the High Court or courts below or branch courts at all levels.
The prosecutors referred to in Section 2 of the preceding paragraph, unless specifically provided otherwise, include the probationary and assistant prosecutors.
The term "tenured prosecutor" in this Act means an individual who passes the probationary service performance review and receives the formal appointment as such.

Article 87

The prosecutor at the district prosecutors office or their branches shall be appointed with one of the qualifications:
1. Having passed the examination for judges or prosecutors.
2. Having served as a judge.
3. Having served as a prosecutor.
4. Having served as a public defender for more than six years.
5. Having actually practiced as an attorney for more than six years, with excellent grades and possessed the qualifications to be appointed as such.
6. Having graduated from the department of law or the post-graduate program thereof of a public or duly recognized private university or an independent college, served as a full time professor at a university or an independent college accredited by the Ministry of Education for more than six years, lectured on a primary legal subject for more than two years, with publications in the legal profession and possessed the qualifications for the designated position .
The prosecutor at the Prosecutors Office of the High Court or its branch courts shall be appointed with one of the following qualifications:
1. Having served as a tenured judge or a tenured prosecutor at a prosecutors office of a district court or its branch for more than two years, with excellent grades and possessed the qualifications to be appointed as such.
2. Having actually practiced as an attorney for more than fourteen years, with excellent grades, and possessed the qualifications to be appointed as such.
The appointment of a prosecutor at the Prosecutors Office of the Supreme Court shall be based on one of the following qualifications:
1. Having served as a tenured judge or a tenured prosecutor at the High Court or any one of its branch courts for more than four years with excellent grades.
2. Having served as a tenured judge at the level of High Court or any one of its branch courts, and served concurrently as the president or chief prosecutor at the level of district court or any of its branch courts for a combined term of more than four years with excellent grades.
3. Having graduated from the department of law school or the post-graduate program thereof of a public or duly recognized private university, or an independent college, served as a full time professor at a university or an independent college duly recognized by the Ministry of Education, lectured on a primary legal subject, with publications in the legal profession, and served as a judge or prosecutor at the level of High Court or any of its branch courts.
The term "primary legal subjects" in Paragraph 1, Section 6 and Section 3 of the preceding paragraph refers to the constitutional law, Civil Code, Criminal Code, private international law, commercial law, administrative law, civil procedure, criminal procedure, administrative procedure, compulsory execution law, bankruptcy law, or other primary subjects designated by the Examination Yuan as such.
For attorneys, full time professors, associate professors, or assistant professors who do not possess the qualifications for the designated positions, the examination for the designated positions may be in the form of a written test, oral test, together with the evaluation of publication or invention, and review of knowledge- and ability-related education and work experiences and background certification review. The Examination Yuan shall promulgate the examination regulations.
Anyone who passes the qualifications examination for the designated position pursuant to the preceding paragraph only acquires the eligibility to be appointed through the measures of the Ministry of Justice, in term assigned by the Examination Yuan in accordance with Article 88.
The Executive Yuan in conjunction with the Examination Yuan shall promulgate measures for the standards, procedure, age limitation, and other compliance matters concerning the judgeship appointment in the preceding paragraph.

Article 88

Anyone appointed as a prosecutor in accordance with Paragraph 1, Section 1 of the preceding article shall be an assistant prosecutor for a period of five years. After the period is fulfilled and satisfactory evaluation is received, the appointee shall be a probationary prosecutor for a period of one year.
Anyone selected for having possessed the qualifications in Paragraph 1, Sections 4 to 6 of the preceding article shall be a probationary prosecutor for a period of two years.
Anyone selected for having possessed the qualifications in Paragraph 2, Section 2 of the preceding article shall be a probationary prosecutor for a period of one year.
Anyone selected for having served as the assistant, probationary or tenured judge or prosecutor shall be the assistant, probationary or tenured prosecutor, respectively.
Assistant and probationary prosecutors are subject to performance evaluation, with the grading of whom to be submitted to the Prosecutorial Personnel Review Committee of the Ministry of Justice for review upon fulfillment of their term. Probationary or tenured prosecutor positions shall be granted when qualified. Re-evaluation and review shall be conducted within two years if not qualified. Further disqualification shall result in the discontinuation of assistant or probationary status and the relief of duty.
The items of the service performance evaluation referred to in the preceding paragraph includes knowledge, work ethics, quality of prosecution, character and integrity, as well as physical and mental health.
The Prosecutor Personnel Review Committee shall consult with the Prosecutor Selection Committee in conducting its service performance review . Before the Personnel Review Committee the decision of disqualification is rendered, notice shall be given to the reviewed assistant or probationary prosecutor to express opinions.
The Ministry of Justice shall install a Prosecutor Selection Committee to be in charge of the selection of prosecutors. The Ministry of Justice shall promulgate regulations concerning the procedure, age limit, among other matters, for the selection of a prosecutor who has already possessed the qualifications for the appointment.
All prosecutor being selected are required to go through trainings; the Ministry of Justice shall promulgate regulations concerning the duration of trainings, reduction or wavier,, implementation measures, allowances, expenditures, leaves, evaluations, rewards and disciplines, retention or cancellation of training eligibility, among other related matters .
The Ministry of Justice shall promulgate regulations concerning the related evaluation and re-evaluation of assistant and probationary prosecutors .

Article 89

The Ministry of Justice shall promulgate regulations concerning the term and transfer measures for the chief prosecutors and head prosecutors at all levels of the courts and branch courts at or below the High Court.
The Prosecutor Evaluation Committee shall be composed of three prosecutors, one judge, three attorneys, as well as four scholars and societal representatives.
An individual evaluation shall be conducted on a prosecutor who has any of the followings:
1. Having sufficient facts to conclude the existence of obvious and significant error(s), committed intentionally or with gross negligence, on cases with final judgment rendered or without final judgment for more than six years since the date of the attachment of jurisdiction at the first instance, or on cases with the disposition of non-indictment or suspended indictment , thereby causing serious damage to the right of the people.
2. Violation of Article 95, Section 2 in a severe way.
3. Violation of Article 15, Paragraphs 2 and 3.
4. Violation of Article 15, Paragraph 1, Article 16, or Article 18 in a severe way.
5. Gross violation of case management procedures or rules of duties such as non-disclosure during investigations in a severe way.
6. Undue delay of prosecution without proper justification which impact on the rights of the parties in a severe way.
7. Violation of prosecutor's ethical rules in a severe way.
Legal interpretation or opinion of the law shall not be the basis of individual evaluation of a prosecutor.
The Ministry of Justice shall promulgate the Code of Conduct for Prosecutors referred to in Paragraph 4, Section 7.
A prosecutor having presented with any of the circumstances stipulated in the Sections of Paragraph 4 is subject to disciplines if deemed necessary.
The disciplines of a prosecutor shall be conducted by the Court of the Judiciary. The forwarding and review procedures shall apply, mutatis mutandis, the disciplinary procedures for judges.
At least one associate judge in the Court of the Judiciary referred to in the preceding paragraph shall be at the same level as the prosecutor being subject to disciplinary action.
The remuneration standards stipulated in Article 72, Paragraph 1, Section 3 and Paragraph 2 shall apply, mutatis mutandis, to the Minister of Justice transferred from a judge or prosecutor position and the Prosecutor-General at the Prosecutors Office of the Supreme Court. The remuneration standards for the Deputy Minister transferred from a judge or prosecutor position shall apply, mutatis mutandis, the deputy minister level for political appointees, plus the specialty premium stipulated in Article 71, Paragraph 1.
Article 78, Paragraph 4 shall apply, mutatis mutandis, to the resignation of the Minister or Deputy Minister of Justice transferred from a judge or prosecutor position. So shall be the resignation of Prosecutor-General at the Prosecutors Office of the Supreme Court transferred from a judge or prosecutor position.
Article 80, Paragraph 2 shall apply mutatis mutandis to the consolation of on-the-job death for the Prosecutor-General at the Prosecutors Office of the Supreme Court,
Articles 1, Paragraphs 2 and 3, Article 6; Article 12; Article 13, Paragraph 2; Article 15; Article 16, Sections 1, 2, 4, and 5; Articles 17; Article 18; Article 42, Paragraphs 1, 2, and 4; Article 43, Paragraphs 1 to 3; Articles 44 to 46, 49, 50, 71, and 73 to 75; Article 76, Paragraphs 1, 4, and 5; Article 77; Article 78, Paragraphs 1 to 3; Article 79; Article 80, Paragraph 1; Chapter 5; and Chapter 9 of this Act concerning judges shall apply, mutatis mutandis, to prosecutors; with respect to the provisions concerning the Judicial Yuan, the Judicial Personnel Study Institute, and the courts shall apply, mutatis mutandis, to the Ministry of Justice, Training Institute For Judges and Prosecutors of the Ministry of Justice, and the prosecutors offices.

Article 90

The Ministry of Justice shall install a Prosecutorial Personnel Review Committee to review the appointment, removal, transfer, detail, dismissal, promotion, evaluation, as well as reward and discipline of head prosecutors and prosecutors at all levels of courts and their branch courts below the High Court.
The resolution on the review referred to in the preceding paragraph shall be submitted to the Minister of Justice for approval and public announcement.
The Ministry of Justice shall promulgate regulations concerning the installation and review of the Committee referred to in Paragraph 1.
Prior to the selection of the chief prosecutor by the Minister of Justice, the Prosecutorial Personnel Review Committee shall provide double number of candidates for the Minister of Justice to select. The detailing or transfer of a chief prosecutor shall be submitted to the Prosecutorial Personnel Review Committee for consultation.
The Prosecutorial Personnel Review Committee shall be composed of seventeen members, with four representatives to be designated by the Minister of Justice, one to be the Prosecutor-General, three to be designated by the Prosecutor-General, and nine to be elected by all of the prosecutors, and the Minister of justice shall designate a Deputy Minister having the status of a judge or a prosecutor to be the chairperson.
The term of the elected members of the committee referred to in the preceding paragraph shall be one-year and may be reelected for one more consecutive term.
The representatives for all the prosecutors shall be elected by secret, anonymous and single selection ballot, with the entire nation as one single precinct , and no more than one representative to be elected from each prosecutorial office.
The Ministry of Justice shall, in consultation with the Prosecutorial Personnel Review Committee, promulgate the rules of review concerning the means of installation, subjects for review, procedures, resolution methods, among other relevant matters, provided, however, that the Executive Yuan and the Examination Yuan shall jointly promulgate rules of review that involve the appointment and removal , performance evaluation, ranks and pay scale, promotion, and commendation of a prosecutor.

Article 91

A prosecutors office in a court at all levels shall install a Council of Prosecutors, to be composed of all the prosecutors of that office engaged in actual prosecution of cases.
The Council of Prosecutors shall have the power and duties to:
1. Provide suggestions on the annual allocation of prosecutorial affairs, acting sequence, and the measure of case assignment.
2. Provide suggestions on the supervision and evaluation of prosecutors.
3. Provide suggestions on the supervisory disposition of a prosecutor in accordance with Article 95.
4. Provide suggestions on the uniformed application of laws and standards of indictment.
5. Provide suggestions on other related matters concerning the prosecutorial business.
The Prosecutor-General or chief prosecutor may, should there be disagreement with the resolution of the Council of Prosecutors, request the Council of Prosecutors for reconsideration, or alter it with a written opinion attached to the minutes of the Council of Prosecutors.
The Ministry of Justice shall promulgate regulations concerning the implementing measures for the Council of Prosecutors.

Article 92

A prosecutor shall obey orders from the supervisory officers under Article 63, Paragraphs 1 and 2 of the Court Organic Act, unless the orders violate the law.
For supervisory orders referred to in the preceding paragraph that involve the exercise of compulsory measures, finding of criminal facts, or application of laws, they shall be in writing and attached with ratio decidendi. When in disagreement with a written order, the prosecutor may, in writing with ratio decidendi , request the Prosecutor-General or the chief prosecutor to exercise the authorities under Article 64 of the Court Organic Act, and shall handle it in accordance with Article 93 immediately if the Prosecutor-General or the chief prosecutor should decline to alter the original order.

Article 93

The Prosecutor-General or chief prosecutor may, under any of the following circumstances, personally engage in the prosecutorial matters of a prosecutor under his/her supervision, and may reassign them to any other prosecutors under his/her supervision in accordance with Article 64 of the Court Organic Act:
1. When necessary to pursue appropriate application of laws or unified indictment standards.
2. When sufficient facts demonstrate that the prosecutor violates the law, apparently [acting] inappropriately or is likely to be biased in the discharge of duties.
3. When the prosecutor, having submitted a written request with ratio decidendi in disagreement with a written order referred to in Paragraph 2 of the preceding article and ruled by the supervisory officer to maintain the original order, nevertheless disobeys.
4. When necessary to transfer an exceptionally complex, or a technical case to another prosecutor since the original prosecutor is incapable of handling the case.
Under the circumstances stated in the preceding paragraph, orders from the Prosecutor-General or the chief prosecutor shall be in writing and with ratio decidendi attached.
The prosecutor shall obey order given by the supervisory officer referred to in the preceding two paragraphs , provided, however, that dissenting views may be provided in writing.

Article 94

The administrative supervision of the prosecutors offices for the courts of all levels shall comply with the following:
1. The Minister of Justice supervises the prosecutors offices for all levels of the courts.
2. The Prosecutor-General for the Prosecutors Office of the Supreme Court supervises that prosecutors office.
3. The Chief Prosecutor for the Prosecutors Office of the High Court supervises the prosecutors office of that court, its branch courts, and the prosecutors offices in the affiliated district courts and any one of their branches.
4. The Chief Prosecutor of the Branch Prosecutors Office for Intellectual Property at the High Court supervises that branch office.
5. The Chief Prosecutor of the Prosecutors Office for a branch court of the High Court supervises that branch office and the prosecutors offices for the district courts and their branch courts within its jurisdiction.
6. The Chief Prosecutor of the Prosecutors Office in a district court supervises that office and the prosecutors offices for their branches.
7. The Chief Prosecutor of the Prosecutors Office in subsidiary branch court of a district court supervises that prosecutors office.
The administrative supervisor referred to in the preceding article may issue administrative directives on general administrative matters for prosecution for all of the prosecutors to comply, provided, however, that the Minister of Justice shall not provide guidance or orders to the Prosecutor-General, chief prosecutors, head prosecutors, or prosecutors on a specific case.

Article 95

The individuals having the supervision authority from the preceding article may take the following measures to the supervised prosecutors:
1. To issue an order urging the prosecutor to take notice on matters concerning his/her duty.
2. To issue a warning for violation of the duties of a prosecutor, tardiness in carrying out duties, or misconducts.

Article 96

In the event a prosecutor under supervision committed material acts stipulated under Paragraph 2 of the preceding article, the individual having the supervision authority under Article 94 may, in the name of the affiliated agency, request the Prosecutor Evaluation Committee to initiate an evaluation, or transfer the matter to the Ministry of Justice for disposition, in which case Article 51, Paragraphs 2 and 3 shall apply, mutatis mutandis. .
The violation is deemed to be material if a prosecutor should recommit the matters stipulated under Section 2 of the preceding article within one year since the issuance of the warning, or have accumulated three warnings.

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 102

The Judicial Yuan shall, in conjunction with the Executive Yuan and the Examination Yuan, 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 judges 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.