I hereby promulgate the Law for Partial Amendments to the Court Organization Law, etc.
Signed:HIROHITO, Seal of the Emperor
This first day of the sixth month of the twenty-fourth year of Showa (June 1, 1949)
Prime Minister YOSHIDA Shigeru
Law for Partial Amendments to the Court Organization Law, etc.
Article 1. The Court Organization Law (Law No.59 of 1947) shall partially be amended as follows:
In Article 60, "Court Clerk (Saibansho-shoki)" shall be amended "Court Clerk (Saibansho-shokikan)" , and paragraph 1 of the same Article shall be amended as follows:
In all courts, there shall be Court Clerks (Saibansho-shokikan), whose number shall be provided for by law seperately.
Next to paragraph 1 of Article 60, the following one paragraph shall be added:
Court Clerks (Saibansho-shokikan) shall be first, second or third class officials.
Next to Article 60, the following one Article shall be added:
Article 60-(2).(Assistant Court Clerks (Saibansho-shokikanho)) In all courts there shall be Assistant Court Clerks, whose number shall be provided for by law seperately.
Assistant Court Clerks (Saibansho-shokikanho) shall be second or third class officials.
Assistant Court Clerks (Saibansho-shokikanho) shall, upon the order of their superiors, assist Court Clerks (Saibansho-shokikan) in their duties.
In Article 65, "(except Chief of Secretariat, Court Clerks or Juvenile Investigators)" shall be amended as "(except Chief of Secretariat or Juvenile Investigators) Court Clerks (Saibansho-shokikan), Assistant Court Clerks (Saibansho-shokikanho)."
Article 66 shall be amended as follows:
Article 66.(Appointment) A judicial apprentice shall be appointed by the Supreme Court from among those who have passed the judicial examination.
Matters relating to the examination mentioned in the preceding paragraph shall be provided for by law separately.
Article 78 shall be amended as follows:
Article 78.(Supplementary Judges) When the trial of a collegiate court is expected to continue for a long time, one or more supplementary judges may attend the trial and, should one or more judges on a collegiate court in the course of the trial become unable to take part in the trial, the supplementary judge or judges may, in an order fixed in advance, join the collegiate court to conduct hearings and render decisions in the place of the judge or judges;provided that the number of the supplementary judges shall not exceed that of the judges of the collegiate court.
The following one paragraph shall be added to the supplementary provisions:
The Supreme Court may, for the time being, assign judges and public procurators to teachers of the Judicial Research and Training Institute, and judges to judicial research officials, when there is special necessity.
Article 2. The Law concerning the Status of Judges and Other Court Officials (Law No.127 of 1947) shall partially be amended as follows:
The following title shall be added to this Law:
"The Law concerning the Status of Judges."
Article 14 shall be deleted.
Supplementary Provisions:
1. This Law shall come into force as from the day of its promulgation;provided that the provisions amending Articles 60, 60-(2) and 65 of the Court Organization Law shall be enforced as from the day when the period of 30 days has elapsed counting from the day of promulgation of this Law.
2. A court secretary who holds the office of the Court Clerk (Saibansho-shoki) and who is not appointed to a Court Clerk (Saibansho-shokikan) at the time when the period of 30 days has elapsed counting from the day of promulgation of this Law shall be deemed to have been concurrently appointed to an Assistant Court Clerk (Saibansho-shokikanho) and to have been ordered to serve the court in which he holds an office on the effective day of this Law, unless otherwise a writ of appointment is issued.
3. Each Court may, for the time being, order the Assistant Court Clerk (Saibansho-shokikanho) to act for the Court Clerk (Saibansho-shokikan) in accordance with rules provided for by the Supreme Court.
4. In any other Laws or Ordinances, "Court Clerk (Saibansho-shoki)" shall read "Court Clerk (Saibansho-shokikan)."