A system that allows judges lacking qualifications to be dismissed based on public will could endanger the independence of the judiciary.
The removal of a judge from his position due to misconduct under this system requires the public to revisit the serious implications of this system.
The Judge Impeachment Court, composed of members of the Diet, dismissed Sendai High Court Judge Kiichi Okaguchi over his controversial social media posts.
This is the first dismissal of a judge based on a reason of self-expression outside of official duties since the judicial impeachment system began after World War II.
The seven people who had been removed from the bench in the past were clearly delinquent due to crimes or illegal activities.
However, there is no consensus on what exactly constitutes "misconduct that causes a significant loss of the dignity of a judge,” which is the legal requirement for dismissing a judge, particularly in terms of self-expression activities.
The Supreme Court had reprimanded Okaguchi but did not seek prosecution.
Regarding this point, the April 3 verdict defined misconduct as acts "degrading the dignity that deserves the people’s respect and trust" reaching a degree that constitutes betrayal of public trust.
Of Okaguchi’s acts of self-expression cited as possible misconduct by the prosecution committee, which plays the role of prosecutors under the system, the impeachment court recognized that some expressions, such as posts related to a murder case, fell into that category.
There is no disputing that some of Okaguchi's expressions were inappropriate, and it is no wonder that serious doubt has been cast on his suitability to serve as a judge.
He is also involved in a civil lawsuit with the bereaved family of a murder victim who claims to have been hurt by his social media posts.
However, the Constitution guarantees the status of judges to protect judicial independence and ensure fair and neutral trials. Dismissal, which deprives the judge of the certification to become a lawyer and retirement pay, demands highly strict standards of judgment.
The verdict failed to draw a clear line to define expressions worthy of dismissal. There was also a reference to the seriousness of his responsibility for the consequences of his actions, which deeply hurt the bereaved family.
There were minority opinions that questioned the decision to dismiss the judge, indicating that it was a delicate case.
Judges' freedom of expression is also related to the fairness of trials as well as public trust in trials and courts. There is no strong argument for guaranteeing freedom without any restrictions.
On the other hand, judges’ sharing of their thoughts and feelings can have a special impact, provoking important discussions and enriching debates.
Okaguchi's dismissal should not lead to political pressure on the judiciary or strengthen control within the court, nor should it discourage judges from conveying their inner thoughts.
Previous impeachment trials all concluded within a year, but this time it took more than two years since the first hearing. Couldn't the process have proceeded more swiftly?
Under the impeachment system, since the late 1960s when the ruling Liberal Democratic Party strengthened intervention in the ideologies and beliefs of individual judges, the prosecution committee investigated more than 200 judges about whether they had joined specific organizations.
It is the people’s responsibility to monitor carefully the relationship between the Diet and the judiciary, ensuring this incident does not become a precedent for intervention.
--The Asahi Shimbun, April 4
EDITORIAL: Judge dismissal warrants a look at impeachment court system
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04.04.2024
A system that allows judges lacking qualifications to be dismissed based on public will could endanger the independence of the judiciary.
The removal of a judge from his position due to misconduct under this system requires the public to revisit the serious implications of this system.
The Judge Impeachment Court, composed of members of the Diet, dismissed Sendai High Court Judge Kiichi Okaguchi over his controversial social media posts.
This is the first dismissal of a judge based on a reason of self-expression outside of official duties since the judicial impeachment system began after World War II.
The seven people who had been removed from the bench in the past were clearly delinquent due to crimes or illegal activities.
However, there is no consensus on what exactly constitutes "misconduct that causes a significant loss of the dignity of a judge,” which is the legal requirement for........
© The Asahi Shimbun
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