法令番号: 法律第127号
公布年月日: 昭和22年10月29日
法令の形式: 法律
I hereby promulgate the Law concerning the Status of Judges and Other Court Official.
Signed:HIROHITO, Seal of the Emperor
This twenty-ninth day of the tenth month of the twenty-second year of Showa (October 29, 1947)
Prime Minister KATAYAMA Tetsu
Law No.127
Article 1.(Dismissal) In case a judge is adjudged to be mentally or physically incompetent to perform his official duties and such incompetence is not of a temporary nature, or in case a judge petitions for dismissal, he may be dismissed by the appointing authority defined in the Constitution of Japan.
The petition mentioned in the preceding paragraph must go through the Supreme Court.
Article 2.(Disciplinary punishment) The kind of disciplinary punishment upon a judge shall be reprimand or non-penal fine not exceeding ten thousand yen.
Article 3.(Jurisdiction) Each High Court shall have jurisdiction over than cases mentioned in Article 1, Paragraph 1, and the cases of disciplinary punishment mentioned in the preceding Article (they shall be called the cases of status hereinafter) against a judge of the District Court or the Summary Court within the district under its jurisdiction.
The Supreme Court shall have jurisdiction over the following matters:
1. In the first and final instance, the cases of status against a judge of the Supreme Court or each High Court;
2. In the final instance, the cases of complaint (Kokoku) against a Judgment rendered by a High Court based upon the jurisdiction mentioned in the preceding paragraph.
Article 4.(Collegiate court) The cases of status shall be handled by the High Court through a Collegiate Court consisting of five judges and by the Supreme Court through a grand bench.
Article 5.(Jurisdiction) What Court shall have jurisdiction over the cases of status shall be determined on the standard of the conditions at the time of the application mentioned in Article 6.
Article 6.(Commencement of cases) The procedure of the cases of status shall be commenced upon an application of the Court exercising supervision over the judge concerned in accordance with the provisions of Article 80 of the Court Organization Law.
Article 7.(Judgment) In rendering judgment mentioned in Article 1, Paragraph 1 or judgment of disciplinary judgment mentioned in Article 2, the facts which constitute the cause thereof and the reasons for which such facts have been found on the basis of evidence shal be indicated.
The Court shall, before rendering judgment mentioned in the preceding paragraph, hear the statement of the judge concerned.
Article 8.(Complaint) Complaint may be made, in accordance with the rules determined by the Supreme Court, against the judgment rendered as to a case of status by a High Court.
The provisions of the preceding Article shall apply with the necessary modifications to the judgment of the Court of complaint.
Article 9.(Costs of procedure) The costs of procedure of the cases of status shall be borne be the National Treasury.
Article 10.(Suspension of procedure) The procedure of the cases of status may be suspended while a criminal case or a case of impeachments is pending in any court with regard to the judge concerned.
Article 11.(Procedure) The procedure of the cases of status shall, except as otherwise provided in this Law, be governed by the rules determined by the Supreme Court.
Article 12.(Notice of judgment) In case a judgment mentioned in Article 1 becomes final and conclusive, the Supreme Court shall notify the Cabinet to that effect.
Article 13.(Execution of judgment of non-penal fine) The provisions of Article 208 of the Law of Procedure in Nor-contentious Matters shall apply with the necessary modifications to the execution of the judgment of non-penal fine by way of disciplinary punishment.
Article 14.(Disciplinary punishment, of court officials other than judges) The dismissal by way of disciplinary punishment of officials mentioned below, shall be made, in case of the first class, by the Cabinet upon the request of the Supreme Court accompanied by a resolution of the Court Officials'Disciplinary Punishment Higher Committee, in case of the second class, by the Supreme Court on a resolutian of the Court Officials'Disciplinary Punishment Higher Committee and, in case of the third class, by the Supreme Court, a High Court or a District Court on a resolution of the Court Officials'Disciplinary Punishment Ordinary Committee in accordance with the rules determined by the Supreme Court:
1. The Secretary General of the Supreme Court;
2. The Private Secretary of the President of the Supreme Court;
3. Teachers of the Judicial Research and Training Institute;
4. Judicial Research Officials;
5. Court Secretaries;
6. Technical Officials of Courts.
The reduction of salaries by way of disciplinary punishment of officials enumerated in the preceding paragraph, shall be made, in case of the first and second classes, by the Supreme Court on a resolution of the Court Officials'Disciplinary Punishment Higher Committee and, in case of the third class, by the Supreme Court, a High Court or a District Court on a resolution of the Court Officials'Disciplinary Punishment Ordinary Committee in accordance with the rules determined by the Supreme Court.
The reprimand by way of disciplinary punishment of officials enumerated in Paragraph 1 shall be made by the Supreme Court, a High Court or a District Court in accordance with the rules determined by the Supreme Court.
Regulations concerning the Court Officials'Disciplinary Punishment Higher Committee and the Court Officials'Disciplinary Punishment Ordinary Committee shall be prescribed by the Supreme Court.
Disciplinary punishment of marshals shall be made by a District Court in accordance with the rules determined by the Supreme Court.
The provisions of Paragraph 1 shall apply to the dismissal of any of the officials mentioned in the said paragraph (except the Private Secretary to the President of the Supreme Court) on the ground of his being incompetent to perform his official duties on account of his deformity, disablement or mental or physical weakness.
Supplementary Provisions:
The present Law shall come into force as from the day of its promulgation.
The Ordinance pertaining to Disciplinary Punishment of Process-servers shall hereby be repealed.
Minister of Justice SUZUKI Yoshio
Prime Minister KATAYAMA Tetsu