The Judicial Scrivener Law (Law No.48 of 1919) shall be wholly amended as follows:
(Business)
Article 1. A judicial scrivener's business shall be to draft on behalf of any other person an official document or official documents to be presented by that person to a Court, the Public Procurator's Office, a Legal Affairs Bureau or a District Legal Affairs Bureau, in compliance with such person's request.
2 A judicial scrivener shall not be permitted to conduct his business in case restricted by other laws, even if it is a document mentioned in the preceding paragraph.
(Qualification)
Article 2. A person who comes under any of the following items may become a judicial scrivener after obtaining the licence prescribed in Article 4:
(1) A person who has been in one position, or two or more positions, for more than three years in total as court secretary, court clerk, assistant court clerk, Attorney-General's Office secretary or Public Procurator's Office secretary;
(2) A person who has the equivalent education and training to the persons prescribed in the preceding item.
(Disqualification)
Article 3. A person who comes under any of the following items does not have the qualification to become a judicial scrivener:
(1) A person regarding which two years have not elapsed since he who was condemned to imprisonment or a heavier punishment, has served out his term or has ceased to serve;
(2) A person declared as incompetent or quasiincompetent;
(3) A public servant who was subjected to disciplinary dismissal, regarding which two years have not elapsed since the day of such disposition;
(4) A person regarding which two years have not elapsed since the day when the license was cancelled in compliance with the provisions of Article 12.
(Licence)
Article 4. A person who wants to obtain the qualification of a judicial scrivener shall get a licence from the Legal Affairs Bureau or District Legal Affairs Bureau having jurisdiction over the area where he wants to establish his office.
2 In case the head of the Legal Affairs Bureau or the District Legal Affairs Bureau intends to refrain from granting the licence mentioned in the preceding paragraph, he shall upon the request of the person who applied for the licence, hold a public hearing requesting the attendance of the person concerned.
3 In case the head of the Legal Affairs Bureau or the District Legal Affairs Bureau holds the public hearing mentioned in the preceding paragraph, he shall give the person concerned one week's previous notice of the reason for not granting the licence, as well as the date and place of the public hearing.
4 The heap of the Legal Affairs Bureau or the District Legal Affairs Bureau may refrain from granting the licence without holding a public hearing, if the person who applied for the licence fails to appear on the day of the public hearing without justifiable reason for his absence.
(Office)
Article 5. A judicial scrivener shall establish an office according to the standards fixed by the Attorney-General's Office Ordinance.
(Duty to comply with a person's request)
Article 6. A judicial scrivener shall not decline a person's request to draft an official document, without good reason.
(Fee)
Article 7. The amount of fee for a judicial scrivener shall be decided by the Attorney-General.
2 A judicial scrivener shall not receive any amount over the fixed fee as regulated in the preceding paragraph, in connection with his business.
(When a judicial scrivener is prohibited to conduct his business)
Article 8. A judicial scrivener shall not draft any official document for the other party, concerning the case for which he has drafted an official document by the request of one of the parties concerned.
(Prohibition of exceeding judicial scrivener's duty)
Article 9. A judicial scrivener shall not participate in a lawsuit of others or other cases exceeding his duty.
(Duty of keeping secrecy)
Article 10. A judicial scrivener shall not, without justifiable reason, reveal to others any fact which came into his knowledge in connection with his business.
(Cancel of licence)
Article 11. In case a judicial scrivener comes under any of the following items, the head of the Legal Affairs Bureau or the District Legal Affairs Bureau which supervises that district where the judicial scrivener's office lies, may cancel his licence:
(1) When a judicial scrivener does not perform his business for more than two years successively;
(2) When a judicial scrivener is unable to perform his business due to physical or mental weakness.
(Disciplinary measures)
Article 12. In case a judicial scrivener violates this Law, or any order issued in accordance with this Law, the head of the Legal Affairs Bureau of the District Legal Affairs Bureau which supervises that district where the judicial scrivener's office lies, may deal with him by any of the following items:
(2) Suspension of business for not more than one year;
(3) Cancel of the licence.
(Hearing)
Article 13. In case the head of the Legal Affairs Bureau or the District Legal Affairs Bureau intends to take the disposition under Article 11, or item (2) or (3) of the preceding Article, he shall, upon the request of the judicial scrivener concerned, hold a public hearing requesting the attendance of the said judicial scrivener.
2 In case the head of the Legal Affairs Bureau or the District Legal Affairs Bureau holds the public hearing as provided for in the preceding paragraph, he shall give the judicial scrivener concerned one week's previous notice of the facts which are regarded as the cause of the intended disposition, as well as the date and place of the public hearing.
3 The head of the Legal Affairs Bureau or the District Legal Affairs Bureau may take the disposition under Article 11, or item (2) or (3) of the preceding Article without holding a public hearing, if the judicial scrivener con-cerned fails to appear in person on the day of the public hearing without giving justfiable reason for his absence.
(Judicial scriveners association)
Article 14. The judicial scriveners may establish a judicial scriveners association in each jurisdiction of the Legal Affairs Bureau or the District Legal Affairs Bureau by laying down the regulations thereof.
2 The purpose of the judicial scriveners association is to perform the business concerning the guidance of and the communications between its members, in order to maintain the dignity of the judicial scrivener, and to improve and promote his business.
(Regulations of the judicial scriveners association)
Article 15. The regulations of the judicial scriveners association shall include the following items:
(1) Name and address of the office;
(2) Provisions concerning the representative of the association and other executive members;
(3) Provisions concerning the conference;
(4) Provisions concerning the maintenance of dignity of the judicial scriveners;
(5) Provisions concerning the operation of the judicial scrivener's business.
(Member of judicial scriveners association)
Article 16. A scrivener who has his office within the jurisdiction of a judicial scriveners association may become a member of the said judicial scriveners association.
(Federation of Judicial Scriveners Associations)
Article 17. Judicial scriveners associations may establish a Federation of Judicial Scriveners Associations on a national unit;for the purpose of executing jointly specific matters, by laying down its regulations.
(Entrusting to Attorney-General's Office Ordinance)
Article 18. Necessary matters for enforcement of this Law regarding licensing and discharge of duties of judicial scriveners shall be stipulated by Attorney-General's Office Ordinance.
(Control of non-scriveners)
Article 19. Non-scriveners shall be prohibited to conduct the business prescribed in Article 1. However, this shall not apply to the cases separately provided for by other laws or the cases where the business is conducted incidental to proper business.
2 Non-scriveners shall not use the appellation of scrivener or other misleading names.
(Penal Provisions)
Article 20. A person who violates the provisions of Article 6, or Article 7 paragraph 2 shall be punished with a fine not exceeding twenty thousand yen.
Article 21. A person who violates the provision of Article 9 shall be punished with a penal servitude not exceeding one year or with a fine not exceeding ten thousand yen.
Article 22. A person who violates the provision of Article 10 shall be punished with a penal servitude not exceeding six months or with a fine not exceeding five thousand yen.
2 The prosecution for the offence mentioned in the preceding paragraph shall only take place on the complaint of the injured party.
Article 23. A person who violates the provision of Article 19 paragraph 1 shall be punished with a penal servitude not exceeding one year or with a fine not exceeding ten thousand yen.
2 A person who violates the provision of Article 19 paragraph 2 shall be punished with a fine not exceeding five thousand yen.
Supplementary Provisions:
1. This Law shall come into force as from July 1, 1950.
2. A person who is a judicial scrivener at the time of the enforcement of this Law shall be regarded as a judicial scrivener as prescribed in this Law.
3. With reference to the application of the provision of Article 2 item (1), the number of years of a court clerk's tenure of office shall be deemed that of an assistant court clerk's tenure of office and the number of years in office of a secretary of the Attorney-General's Office (Homu-cho), a judicial secretary or a judicial clerk shall be deemed that of a secretary of the Attorney-General's Office (Homu-fu).
4. A judicial scrivener's office which is actually set up at the time of the enforcement of this Law shall be deemed that set up in accordance with the provisions of this Law.
5. The scrivener's fee fixed by the former provisions, until the Attorney-General decides the amount of fee according to the provision of Article 7 paragraph 1, shall be deemed the amount of fee fixed by the provision of that paragraph.
6. Punishment for acts committed before the enforcement of this Law which fall under Article 11 paragraph 1 of the old Judicial Scrivener's Law shall still follow the former examples.
7. The Judicial Scrivener's Associations actually in existence at the time of the enforcement of this Law shall be deemed to have been established in accordance with the provisions of this Law.
8. The Judicial Scrivener's Associations referred to in the preceding paragraph shall decide the regulations of the Association according to the provision of Article 15 within 6 months from the date of the enforcement of this Law.
9. The Civil Procedure Expenses Law (Law No.64 of 1890) shall be partially amended as follows:
Article 2 paragraph 3 shall be amended as follows:
When the amount of fee paid to a judicial scrivener according to the provisions of the Judicial Scrivener Law is different from what is stipulated by the preceding two paragraphs, that amount paid shall hold good.