Judge assistants drafting judgments sparks debate; reform group proposes 4 demands to improve labor rights

Taiwan's Judicial Reform Foundation (JRF) is pushing for the formalization of judge assistants drafting court judgments, a practice they say is common but lacks clear regulation. The foundation argues that institutionalizing this role would enhance judicial efficiency and better protect the labor rights of assistants, who often handle significant workload without formal recognition.

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Any institutional reform must have complete and comprehensive planning; otherwise, solving a problem here will create a new one there.

At a press conference, JRF Chairman Huang Hsiu-tien and other representatives outlined four key demands. These include breaking existing unwritten rules surrounding the practice, ensuring that the drafting of judgments is not treated as a mere "payment by results" task, respecting a clear division of professional labor within the judiciary, and seriously addressing the labor rights of judicial assistants. They emphasized that any reform must be comprehensive to avoid creating new problems.

The JRF highlighted that while "drafting court judgments" is not officially part of a judge assistant's duties, it has become a core responsibility in practice. Assistants are sometimes deployed to fill staffing gaps, indicating their capability and necessity. The foundation proposes establishing clear mechanisms for how judges assign these tasks, including requiring judges to provide assistants with the key points and reasoning for their decisions. Assistants would then be required to document these instructions and maintain a verifiable record of all revisions made to the draft judgments.

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The institutionalization of judge assistants drafting court judgments is not about increasing the burden on assistants to reduce the burden on judges, but rather about allowing different professional personnel in the court to implement professional division of labor for greater efficiency.

This proposed system aims to prevent situations where a few judges might effectively "outsource" their entire trial responsibilities. By creating a transparent and auditable process, the JRF believes the reforms will not only improve the efficiency of the judicial system but also ensure that improvements are not made at the expense of the well-being of junior staff. They are calling on the Judicial Yuan and relevant legislative members to engage in dialogue and develop a more robust and institutionalized framework for the role of judge assistants.

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Although 'drafting court judgments' is not included in the job description of judge assistants, it has always been a core business for judge assistants.