COURT REFORM
KEYWORDS: COURTS, JUDGES, JURY, JURIES, INTELLECTUAL PROPERTY, CLASS ACTION SUITS, FREEDOM OF INFORMATION, LOCKHEED - TANAKA

In May, 2004 the Japanese government passed legislation reforming the court system. There was two major reforms. First was the creation of a new Intellectual Property Court to be centered on the Tokyo High Court (which has already developed a high level of capability in the intellectual property) and the re-introduction into Japan of trial by jury in serious criminal cases.

The new jury system for serious criminal cases is expected to begin in 2009. The juries will consist of six lay persons and 3 judges. Decisions will be made on the basis of majority vote. The judges will rule on technical legal issues. The new system is modeled on Franco-German systems. The criminal cases for which these juries will be used involve those where the defendant could be sentenced to death or life imprisonment, but not including cases of negligence resulting in death. There are about 2800 such cases per year in Japan. The jurors will also rule on the punishment.  Jurors will be aged 20-70 years of age. Jurors can be compelled to participate or fined 100,000 yen, but may be excused for serious inconvenience in work, childcare or care for the elderly. Company employees participating can not be adversely treated for such participation. Ex-prisoners, members of parliament, police officers and members of the Self-Defense Forces can not serve as jurors.  Jurors must keep confidential personal information or comments by jury members they learned in the cases or face fines of up to 500,000 yen or 6 months in  jail. Those who make public the jury deliberations can also be fined. (What? No Court TV or book deals in Japan!) Japan did have a jury trial system from 1928-1943.

A man claiming to be an executive has been arrested and indicted for sending 210 letters to Supreme Court Justices threatening them and even their families.

For the first time in Japan’s court history, the Supreme Court has been ordered to hand over documents by a lower court. The plaintiff had sought documents under the freedom of information law for the records of a July 1976 meeting where they agreed to immunity for alleged American bribers in the Lockheed case which eventually brought down former prime minister Tanaka. The Supreme Court claims it lost the documents.

One man lost his new appointment as a judge in Japan from his position as a chief court secretary when it came out that he had sexually harassed a subordinate.

Japan has decided to introduce class action suits from about 2006 in order to help consumer groups. It hopes to enable consumer groups to end unfair marketing activities as well as terminate disreputable contracts.

An advisory body to the government has come out with a draft bill that would help to promote parties to seek out-of-court settlements.

Copyright 2005. All rights reserved Attorney Roderick H. Seeman

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