Despite doubts, starting day set for lay judge law

The Justice Ministry has decided to introduce the citizen judge system on May 21 next year, despite lingering confusion among lawyers and apathy among the public toward the judicial reform.

Ministry officials said Tuesday the Cabinet as early as next week will formally agree to enforce the citizen judge system law, enacted in 2004, on May 21, 2009.

The first court hearing involving lay judges in a trial for a serious criminal charge will likely take place between late July and early August 2009, the officials said.

Under the new system, six eligible voters chosen randomly through lottery will join three professional judges in deciding on a verdict and sentence in a criminal trial.

The lay judge system will be used in 60 courts across the nation and will handle about 3,000 cases a year of serious crimes, such as murder, robbery resulting in bodily injury, and dangerous driving resulting in death.

The trials will involve charges filed after the law goes into force. About 70 percent of these trials are expected to conclude within three days.

Each citizen judge will be paid remuneration of up to 10,000 yen as well as travel costs.

Candidates can decline to serve for reasons such as advancing age, illnesses or responsibilities caring for elderly or disabled family members.

Although the government may feel the time is ripe to reform the judicial procedure, the public has shown scant interest in participating while the judicial community remains split on the new system.

According to a Supreme Court survey released earlier this month, only 15.5 percent of citizens polled expressed a "positive intention" to participate.

Including people who say they will participate out of a sense of "responsibility," the total reaches 60 percent.

Some lawmakers who were involved in drafting the judicial reform are now saying the introduction of the citizen judge system should be postponed.

"If you force a person who is unwilling (to participate), it will not improve the quality of the trial," a senior justice official said.

Another major concern is preparing lawyers for the new system.

"It is true that confusion remains over the new system" among lawyers, Makoto Miyazaki, president of the Japan Federation of Bar Associations, acknowledged at a news conference Tuesday.

A number of lawyers have expressed opposition to the lay judge system itself, saying that forcing citizens to participate would violate the Constitution.

Akira Takashima, a lawyer practicing in Niigata Prefecture, organized a resolution issued by the Niigata bar association in February calling for postponement of the start of the system.

"If the government goes ahead with the system by ignoring public opinion, I don't think we can overcome the confusion," Takashima said.

One veteran criminal court judge said it would likely take "decades before the system becomes widely accepted in society and we can determine how citizen participation affects the judicial process."(IHT/Asahi: April 9,2008)