Article 39. (Appointment and Dismissal of Judges of The Supreme Court). The Emperor shall appoint the Chief Justice of the Supreme Court as designated by the Cabinet.
Justices of the Supreme Court shall be appointed by the Cabinet.
The Emperor shall attest the appointment and dismissal of Judges of the Supreme Court.
In making the designation of paragraph 1 and the appointment of paragraph 2, the Cabinet must consult a Judiciary Appointment Consultative Committee.
Provisions in regard to the Judiciary Appointment Consultative Committee shall be determined by Government Ordinance.
The appointment of the Chief Justice of the Supreme Court and of judges of the Supreme Court shall be reviewed by the people in accordance with statutes which provide for popular review.
Article 40.(Appointment and Dismissal of Judges of Inferior Courts). The Cabinet shall appoint Presidents of High Courts, Judges, Assistant Judges, and Judges of Summary Courts from a list of persons nominated by the Supreme Court.
The Emperor shall attest the appointment and dismissal of Presidents of High Courts.
Judges mentioned in the first paragraph shall, ten years after their appointment to office, be regarded as having completed their terms of office and may be reappointed.
Article 41.(Qualifications for Appointment of Judges of The Supreme Court). Judges of the Supreme Court shall be appointed from among persons of broad vision and extensive knowledge of law, who are not less than forty years of age. At least ten of them must be persons who have hold one or two of the positions mentioned in item 1 or 2 for not less than ten years, or one or more of the positions mentioned in the following items for the total period of twenty years or more:
1. President of the High Court;
3. Judges of the Summary Court;
6. Professors or assistant professors in legal science in universities which shall be determined elsewhere by statute.
In the application of the provisions of the preceding paragraph, is positions such as those of Assistant Judge, Research Official of a court, Seretary General of the Supreme Court, Secretary of a court, Teacher of the Judicial Research and Training Institute, Vice-Minister in the Ministry of Justice, Secretary of the Ministry of Justice or Juvenile Court Judge have also been held by persons who have held the positions mentioned in items 1 and 2 of the preceding paragraph for at least five years, or by persons who have held, for not less than ten years, one or more or the positions mentioned in items 3 to 6 of the preceding paragraph, such positions shall be deemed to be those mentioned in items 3 to 6 inclusive of the said paragraph.
In the application of the provisions of the two preceding paragraphs, the period of service in the positions enumerated in items 3 to 5 inclusive of the first paragraph and in the preceding paragraph, shall be computed as from the time when study as a judicial apprentice has been finished.
In a case when a person has, for three years or more, held a position as Professor or Assistant Professor of legal science in a university mentioned in item 6 of the first paragraph, and also has held a position as Judge of the Summary Court, Public Procurator (an Assistant Procurator is excluded) or lawyer, the provisions of the preceding paragraph shall not apply to the period of service in such position.
Article 42.(Qualifications for Appointment of Presidents and Judges of High Courts). Presidents and Judges of High Courts shall be appointed among those who have for ten years or longer, hold one or more of the following positions:
2. Judges of the Summary Court;
5. Research Officials of a court, Teachers of the Judicial Research and Training Institute, or Juvenile Court Judges;
6. Professors or Assistant Professors of legal science in universities mentioned in paragraph 1, item 6 of the preceding Article.
In the application of the provisions of the previous paragraph, persons who have for more than three years held one or more of the occupations mentioned in said paragraph and who also have held positions as administrative officials of courts or secretaries of the Ministry of Justice shall be regarded as having hold the offices enumerated in the various items of the previous paragraph.
In the application of the provisions of the preceding two paragraphs, the period of service in the positions enumerated in items 2 to 5 inclusive of paragraph 1, and in the previous paragraph shall be computed as from the time when study as a judicial apprentice has been finished.
In cases when a person has, for three years or more, hold a position as Professor or Assistant Professor of legal science at a university mentioned in item 6 of paragraph 1 of the preceding Article and the afterward served as a Judge of a Summary Court, Public Procurator (an Assistant Public Procurator is excluded) or lawyer, the provisions of the preceding paragraph shall not apply to this (latter) period of service. The same shall also be the case in respect to a person who has been appointed as a Judge of a Summary Court or a Public Procurator without having successfully completed the training of a judicial apprentice, and who later passes the examination mentioned in Article 66 and thenceforth serves as a Judge of a Summary Court, Public Procurator (an Assistant Public Procurator is excepted) or lawyer.
Article 43.(Qualification for Appointment of Assistant Judges). Assistant Judges shall be appointed from among those who have finished study as judicial apprentices.
Article 44.(Qualification for Appointment of Judges of The Summary Court). Judges of the Summary Court shall be appointed from among those who have been the Presidents or Judges of High Courts or who have held one or more of the positions mentioned in the following items for the total period of three years or more:
4. Research Officials of a court, Secretaries of a court, Teachers of the Judicial Research and Training Institute, Secretaries of the Ministry of Justice and Juvenile Court Judges;
5. Professors or Assistant Professors of legal science in the universities mentioned in Article 43, paragraph 1, item 6.
In the application of the provisions of the preceding paragraph, the period of service in the positions enumerated in items 2 to 4 inclusive of the said paragraph shall be computed as from the time when study as a judicial apprentice has been finished.
In cases when a person has been appointed as a Public Procurator without having successfully completed the training of a judicial apprentice, and who later passes the examination mentioned in Article 66 and thenceforth serves as a Public Procurator (an Assistant Procurator is excepted) or lawyer, the provisions of the preceding paragraph shall not apply to this (latter) period of service.
Article 45.(Selection and appointment of Judges of the Summary Court). Persons who have been engaged in judicial business for many years and who possess the knowledge and experience necessary for performing the duties of a Judge of a Summary Court may, even if they do not fall within the purview of the persons prescribed in the first paragraph of the preceding Article, be appointed Judges of the Summary Court through selection by the Selection Committee for Judges of the Summary Court.
Rules and regulations relating to this Committee shall be fixed by the Supreme Court.
Article 46.(Grounds for Incompetency for Appointment). In addition to those porsons who are incompetent to be appointed ordinary government officials according to other statute, no person falling under one of the following categories shall be appointed judge:
1. A person who has been punished with imprisonment (without hard labor) or a graver penalty;
2. A person whose dismissal from Office has been decreed by an impeachment court.
Article 47.(Assignment to Position). Judges of Inferior Courts shall be assigned to positions by the Supreme Court.
Article 48.(Guarantee of Status). A judge shall not, against his will, be dismissed, or be removed to any other official position, or be transferred from one court to another, or be suspended from exercising his judicial function, or have his salary reduced, except in accordance with the provisions of statute relating to public impeachment or national review, or unless, in accordance with provisons made elsewhere by statute, he is declared mentally or physically incompetent to perform official duties.
Article 49.(Disciplinary Punishments). When a judge has swerved from his duty, neglected his duty or degraded himself, he shall be subjected to disciplinary punishment by decisions as provided elsewhere by statute.
Article 50.(Age of Retirement). Judges of the Supreme Court shall retire upon the attainment of seventy years of age, and judges of inferior courts shall retire upon the attainment of sixty five years.
Article 51.(Compensation). The compensation received by judges shall be fixed by statute.
Artilce 52.(Prohibition of Political Activities, etc.). Judges, while in office, shall not do any of the following acts:
1. To become members of the Diet or of assemblies of local public entities or engage actively in political movements;
2. To hold another salaried position without obtaining the permission of the Supreme Court;
3. To carry on any commercial business or a business which aims at pecuniary gain.