I hereby promulgate the Law for Partial Amendments to the Court Organization Law, etc.
Signed:HIROHITO, Seal of the Emperor
This fourteenth day of the fourth month of the twenty-fifth year of Showa (April 14, 1950)
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 be partially amended as follows:
Article 14-(2) shall be made Article 14-(3), and the following one Article shall be added next to Article 14:
Article 14-(2),(Research and Training Institute for Court Clerks). A Research and Training Institute for Court Clerks shall be established in the Supreme Court in order to manage affairs relating to the research and training of court clerks and to their education.
In paragraph 2 of Article 41,"Teacher of the Research and Training Institute for Court Clerks,"shall be added next to"Teacher of the Judicial Research and Training Institute".
In item (5) of paragraph 1 of Article 42,"or Teachers of the Judicial Research and Training Institute"shall be amended as", Teachers of the Judicial Research and Training Institute or Teachers of the Research and Training Institute for Court Clerks".
In item (4) of paragraph 1 of Article 44,"Teachers of the Research and Training Institute for Court Clerks"shall be added next to"Teachers of the Judicial Research and Training Institute".
In paragraph 2 of Article 55,", second or third"shall be deleted.
In paragraph 1 of Article 56,"the first class"shall be deleted.
Article 56-(2) shall be made Article 56-(4), Article 56-(3) made Article 56-(5), and the following two Articles shall be added next to Article 56:
Article 56-(2),(Teachers of the Research and Training Institute for Court Clerks). Teachers of the Research and Training Institute for Court Clerks, whose number shall be fixed by law separately, shall be established in the Supreme Court.
Teachers of the Research and Training Institute for Court Clerks shall be first or second class officials.
Teachers of the Research and Training Institute for Court Clerks shall, under the direction of their superiors, take charge of the guidance of the research and training and the education in the Institute.
Article 56-(3),(Chief of the Research and Training Institute for Court Clerks). One Chief of the Research and Training Institute for Court Clerks shall be established in the Supreme Court and he shall be assigned to the position by the Supreme Court from among the first class teachers of the Research and Training Institute for Court Clerks.
The Chief of the Research and Training Institute for Court Clerks shall, under the supervision of the President of the Supreme Court, take charge of the affairs of the Institute, and control and supervise officials of the Institute.
In Article 61-(2)"Juvenile Investigators"(Shonen-Hogoshi) shall be amended as"Juvenile Investigators"(Shonen Chosa-kan),"Chief Juvenile Investigators"(Joseki-Shonen-Hogoshi) as"Chief Juvenile Investigators"(Joseki-Shonen-Chosakan) and paragraph 1 of the same Article shall be amended as follows:
Juvenile Investigators (Shonen-Chosakan), whose number shall be fixed by law separately, shall be established in each Family Court.
The following one paragraph shall be added next to paragraph 1 of Article 61-(2):
Juvenile Investigators (Shonen Chosakan) shall be first or second class officials.
The following one Article shall be added next to Article 61-(2):
Article 61-(3),(Assistant Juvenile Investigators)(Shonen-Chosakanho). Assistant Juvenile Investigators (Shonen-Chosakanho), whose number shall be fixed by law separately, shall be established in each Family Court.
Assistant Juvenile Investigators (Shonen-Chosakanho) shall be second or third class officials.
Assistant Juvenile Investigators (Shonen-Chosakanho) shall, under the order of their superiors, help the Juvenile Investigators (Shonen-Chosakan) to perform the affairs.
Article 65 shall be amended as follows:
Article 65,(Designation of Courts of Service). The Court where Judicial Research Officials, Court Secretaries (except Chief of Secretariat), Court Clerks (Saibansho-Shokikan), Assistant Court Clerks (Saibansho-Shokikanho), Juvenile Investigators (Shonen-Chosakan), Assistant Juvenile Investigators (Shonen-Chosakanho) and Technical Officials of Court are to be in service shall be designated by the Supreme Court, a High Court, a District Court or a Family Court in accordance with what may be determined by the Supreme Court.
The following one Article shall be added next to Article 71:
Article 71-(2),(Request for Dispatch of Police Officials, etc.). The presiding judge or judge who has opened the session may, if he deems it necessary for maintaining order in the court, request the Chiefs of the Headquarters of the National Rural Police of To, Do, Fu or prefecture, or the Chiefs of Police of city, town or village (including the Chief of Police in areas where special wards exist) for the dispatch of members of the National Rural Police or of municipal police. The request may, if deemed specifically necessary for maintaining order in the court, be made even prior to the opening of the session.
The members of the National Rural Police or of municipal police who have been dispatched in compliance with the request under the preceding paragraph shall be directed by the presiding judge or a judge in order to maintain order during the judicial procedure.
In paragraph 2 of Article 72,"the preceding paragraph"shall be amended as"the preceding two paragraphs", and the following one paragraph shall be added next to paragraph 1 of the same Article:
The provisions of the preceding Article shall apply mutatis mutandis to the case under the preceding paragraph.
In Article 73,"the preceding two Articles"shall be amended as"Article 71 or the preceding Article".
In paragraph 3 of the Supplementary Provisions,"and teachers of the Research and Training Institute for Court Clerks"shall be added next to"teachers of the Judicial Research and Training Institute".
Article 2. The Public Procurator's Office Law (Law No.61 of 1947) shall be partially amended as follows:
In item (3) of paragraph 1 of Article 19,"or Teachers of the Judicial Research and Training Institute"shall be amended as"Teachers of the Judicial Research and Training Institute or Teachers of the Research and Training Institute for Court Clerks".
Article 3. The Lawyers Law (Law No.205 of 1949) shall be partially amended as follows:
In item (2) of Article 5,", the Research and Training Institute for Court Clerks"shall be added next to"the Judicial Research and Training Institute".
Article 4. The Law for the Inquest of Prosecution (Law No.147 of 1948) shall be partially amended as follows:
In item (6) of Article 6,"private secretary to Judges of the Supreme Court,"shall be added next to"private secretary to the President of the Supreme Court,","Teacher of the Research and Training Institute for Court Clerks, private secretary to the President of Hight Court,"next to"Instructor of Judicial Research and Training Institute,"and"Court Clerk, Assistant Court Clerk, Juvenile Investigator, Assistant Juvenile Investigator,"next to"secretary of Court"and item (7) of the same Article shall be amended as"(7). Official of National Offenders Prevention and Rehabilitation Commission, District Youth Offenders Prevention and Rehabilitation Commission, and District Adult Offenders Prevention and Rehabilitation Commission".
Article 5. The Juvenile Law (Law No.168 of 1948) shall be partially amended as follows:
"The Juvenile Investigators (Shonen-Hogoshi)"shall be amended as"the Juvenile Investigators (Shonen-Chosakan)".
Supplementary Provisions:
1. Out of the provisions of the Law, the amended provisions of Arts.61-(2), 61-(3) and 65 of the Court Organization Law, the amended provisions concerning Juvenile Investigators (Shonen-Chosakan) and Assistant Juvenile Investigators (Shonen-Chosakanho) out of Art. 6 item (6) of the Law for the Inquest of Prosecution and the amended provisions of the Juvenile Law shall come into force after thirty days have elapsed computing from the day of its promulgation, and the other provisions thereof shall come into force as from the day of its promulgation.
2. A Secretary of Court who has been actually assigned to the Juvenile Investigator (Shonen-Hogoshi) at the time when the period of thirty days has elapsed computing from the day of promulgation of this Law, but not been appointed to the Juvenile Investigator (Shonen-Chosakan) shall, if a writ of appointment specifically be not issued, be deemed to have been appointed to the Assistant Juvenile Investigator (Shonen-Chosakanho) being concurrently Court Secretary and ordered to be in service at the court where he is now in service.
3. Each Family Court may, for the time being, cause the Assistant Juvenile Investigators (Shonen-Chosakanho) to perform the duties of the Juvenile Investigators (Shonen-Chosakan) in accordance with what may be determined by the Supreme Court.