President Ma Ying-jeou met on the morning of February 9 with representatives of the Action Alliance of Judges to Reform the Supreme Court. During the meeting, the president reiterated his position that he will absolutely not intervene in court cases. He also emphasized that the ongoing judicial reform will not only address systemic issues, but must also pay attention to how cases are heard, and place importance on the feelings of the public.
The president stated that the chief justice of the Supreme Court is not only the head of the court, but also serves as an example for all judges in the court system. As such, the chief justice affects how other judges throughout the judicial system hear and adjudge cases. Therefore, the criteria used for selecting a chief justice should reflect more than just the perspective of judges; beyond that, they should also address the concerns of the general public. The concern evinced by judges at the lower levels of the court system in this issue shows that judges, while independent, don't exist in a vacuum, nor are they dictators. Moreover, the activities of these judges highlight the fact that Taiwan's judicial system is making progress. In the future, he said, under the framework of the Act Governing Judicial Personnel, he will take into consideration the suggestions provided by the alliance of judges and carefully decide on an appropriate person to serve as chief justice.
President Ma emphasized that judicial reform should achieve stable change. The nation's judicial system has been undergoing reform for many years. The ability of judges to police their own ranks has improved, and as president he absolutely will not intervene in judicial cases. This is a stance that he will continue to maintain in the future, and he will never abuse his power.
President Ma furthermore stated that the Judges Act clearly sets forth rules governing the appointment and dismissal of judges. Even though the law may not be perfect, it provides a foundation upon which to further carry out reform. The government in the future will continue to consider possible improvements, and in time he expects the benefits of this legislation to become apparent.
The president reiterated that it takes more than big conferences or the passage of high-sounding resolutions to achieve reform. Rather, reform proceeds little by little. For the public, it is important that court sessions are held on time, that cases are tried in a courteous manner, and that procedures are convenient. These things are every bit as important as the ethics of judges, the quality of the judicial system, and efficient handling of cases. President Ma stressed that reform needs not only to change the system, but should also attach importance to the manner in which cases are heard. In other words, the judicial system must better respond to the feelings of the public. The president commented that he will not lightly retreat from his philosophy that "justice is for the people" should be realized, adding that he hopes each day to see progress in the nation's judiciary.
With regard to the topic of collective opinions issued by the Supreme Court, President Ma responded by saying that the judiciary is the final line of defense for social justice and the Supreme Court is the final line of defense within the court system. So long as judges independently come to their decisions, it is inevitable that there will be differing opinions. In addition, as the Supreme Court is unable to compile all of the different opinions of other courts in a timely manner, lower courts can at times be at a loss as to how to act. This has caused complaints among the public. President Ma consequently hopes that the Supreme Court will strengthen its efforts in compiling information and respond to the demands of society in a timely manner, thereby living up to the hopes and expectations of the people.
As for the issue of the Supreme Court remanding cases for retrial, the president said he feels that there are too many cases in which this is seen. The reasoning for these decisions in many cases rests on minor details, which he acknowledged could trigger sharp displeasure among the public and those involved in the cases. In addition, frequent remanding of cases for retrial wastes judicial resources. Consequently, the government has formulated the Criminal Speedy Trial Act. While this legislation may not be perfect, it at least marks an important step forward. In addition, the percentage of cases remanding for retrial by the Supreme Court in recent years has been on the decline. Nonetheless, quality in the trial process should not be compromised simply in favor of a speedy process, he stated, furthermore expressing his hope that further improvements can be seen in this area. This will help achieve the ultimate objective of a speedy, but high quality trial system.
Representatives of the alliance seeking reform in the Supreme Court included Taiwan High Court President Cai Jiongdun (蔡炯燉), Taichung District Court Justice Zhang Shengxing (張升星), Taipei District Court Justice Lin Menghuang (林孟皇), Taoyuan District Court Justice Qian Jianrong (錢建榮), Miaoli District Court Justice Cai Zhihong (蔡志宏), Yunlin District Court Division-Chief Judge Hou Tingchang (侯廷昌), and Tainan District Court Justice Lin Zhenxian (林臻嫺). The group was accompanied to the Presidential Office by Judicial Yuan Secretary-General Jiin-Fang Lin (林錦芳) to meet President Ma. Also attending the meeting was Deputy Secretary-General to the President Lo Chih-chiang (羅智強).