JAPAN FEDERATION OF BAR ASSOCIATIONS

Transcription

1 JAPAN FEDERATION OF BAR ASSOCIATIONS 日本弁護士連合会

2 Message from the President Kenji Yamagishi (President, Japan Federation of Bar Associations) Kenji Yamagishi The Japan Federation of Bar Associations ( JFBA ) is forging into the future with a clear focus on reality. The JFBA is facing a number of challenges across various fields, and among them, we will particularly focus on: aid for victims of the Great East Japan Earthquake that struck on March 11, 2011 and the subsequent nuclear incident; reconstruction of the affected areas; training for the next generation of legal professionals; further efforts toward eliminating areas with shortages of attorneys; and concerted efforts in expanding fields and scopes of practice for attorneys with a view to responding to internationalization. Squarely facing the issues that must be resolved, the JFBA continually advances toward opening up a new era. The JFBA has been aiming for a judicial system that is both familiar and accessible to the public, and it has carried out a broad range of efforts to ensure that the rule of law prevails throughout every aspect of society. Since the justice system reforms that were initiated in 1999, the JFBA has made concerted efforts toward, and been significantly involved in, achievements including: introducing a new system to nurture legal professionals, reforms on the criminal justice system with the implementation of the Saiban-in (lay judge) system, and the like. Going forward, the JFBA intends to continue making every effort toward implementing reforms such as: reforming the professional legal training and education system, video/audio recording of the entire process of interrogations in order to eliminate false charges, full disclosure of the evidence held by public prosecutors, and the like. The role of the judicial system has expanded amid globalization in recent years and has been compelled to resolve a great many issues in a broad range of situations. The people of the world have been reminded of the importance of the rule of law, and the roles of the legal practitioners responsible for putting it into practice are increasing. In every nation throughout the world, with the changes in social structure and economic development amid the wave of globalization, the functions of the judicial system in a broad sense are expanding, no matter whether the issue is international, cross-border or otherwise, which in turn calls for an expanded scope of activities for attorneys. In order to fulfill the social responsibilities of attorneys, we at the JFBA will enhance coordination with the bar associations and judicial institutions of foreign nations, and through our activities at international legal organizations. Furthermore, we will make a sincere effort and demonstrate still greater resolve as the defenders of citizens rights based on the fundamental principle of the independence of the legal profession and the self-governance that ensures such independence. JAPAN FEDERATION OF BAR ASSOCIATIONS 1

3 Introduction he Japan Federation of Bar Associations (JFBA) is an autonomous body comprised of the 52 bar associations in Japan, their individual members, and legal professional corporations. Founded in 1949, the JFBA self-regulates the legal profession and strives to further the primary role of attorneys in society: the protection of fundamental human rights and the realization of social justice. Aiming for a judicial system that is familiar, open, and accessible to the public, the JFBA has been engaged in the reform of the judicial system. Its various committees are dedicated to assisting victims of discrimination and rights violations, protecting the environment, promoting legal reforms, improving legal practice, and encouraging public service by attorneys. In today s international society, the JFBA is increasingly interacting with other bar associations throughout the world. Nagano-Prefecture Sapporo Hakodate Aomori Akita Yamagata Niigata Kyoto Toyama-Ken Kanazawa Fukuoka Saga Nagasaki Hiroshima Yamaguchi Tottori Shimane Ehime Oita Kumamoto Miyazaki Kagoshima Okayama Hyogo-Ken Kagawa Fukui Kochi Osaka Gifu-Prefecture Shiga Mie Nara Wakayama Tokushima Gunma Aichi Saitama Okinawa 2 JAPAN FEDERATION OF BAR ASSOCIATIONS

4 Asahikawa Message from the President... 1 Introduction... 2 Kushiro I. Profile of the JFBA 1. History Membership JFBA Finances Organization Relationship between the JFBA and Local Bar Associations... 7 Iwate Sendai Fukushima Tochigi-Prefecture Ibaraki Chiba Tokyo / Dai-ichi Tokyo / Daini Tokyo Yokohama Yamanashi Shizuoka 52 Bar Associations * Contact details of the bar associations are available on the JFBA website. II. The Japanese Attorney System 1. How Attorneys Function in Japan Attorney Qualifications Qualifications for Foreign Special Members (Gaikokuho-Jimu-Bengoshi) Self-Governance III. The Japanese Judicial System 1. The Japanese Judicial System Judicial Proceedings IV. Justice System Reform and the JFBA 1. Access to Justice and Establishment of the Japan Legal Support Center ( Hoterasu ) Saiban-in (Lay Judge) System The Population of Legal Professionals Professional Legal Training and Education Other V. Japan Legal Support Center and Legal Aid System in Japan 1. Civil Legal Aid Systems Criminal Legal Aid Systems Victims of Crime Activities of the JFBA Issues to be Tackled VI. Activities of the JFBA 1. Protection of Human Rights Disaster Reconstruction Assistance Law-Related Education Efforts to Improve Access to Justice Efforts toward the Drastic Reform of Criminal Procedures Activities Related to the Practice of Law Promotion of Appointment of Attorneys as Judges Activities to Improve the Legal System Training Programs Approaches for Realization of Gender Equality International Activities Publications JAPAN FEDERATION OF BAR ASSOCIATIONS 3

5 Ⅰ. Profile of the JFBA 1 History History of the Legal Profession up to the Establishment of the JFBA The first formal regulation of attorneys (bengoshi) in Japan can be traced back to February 1876, when the Attorney Rules (Menkyo Daigen-nin Kisoku) were enacted. At that time attorneys were called Daigen-nin and enjoyed a special status and prerogative to represent clients in court, but were subject to strict supervision by public prosecutors. In 1893, the first Attorney Act was enacted, which limited the scope of attorneys practice to courtroom work. This law also established a qualifying examination for attorneys and proscribed the registration of attorneys in each district court jurisdiction. Local bar associations were also established but were subject to the overall supervision of the Chief District Public Prosecutors of the competent district. In 1933, amendments to the Attorney Act expanded the scope of the attorneys practice to a much wider range of legal work. Even under the amended law, bar associations remained under the supervision of the Minister of Justice. In 1946, the present Japanese Constitution, with its guiding principles being the protection of fundamental human rights, democracy (popular sovereignty), and pacifism, was adopted, bringing with it a historic transformation in the role of attorneys. The current Attorney Act, enacted in 1949 after the establishment of the Japanese Constitution, transferred supervision of attorneys from the Minister of Justice to the JFBA and bar associations. It defined the mission of attorneys as being the protection of fundamental human rights and the realization of social justice. These concepts of selfregulation, protection of fundamental human rights, and achievement of social justice continue to be the core values of attorneys. 2 Membership The JFBA is a federal body comprised of 52 local bar associations in Japan, individual attorneys, legal professional corporations, gaikokuho-jimu-bengoshi (registered foreign lawyers) and other members. Attorneys, legal professional corporations, and registered foreign lawyers should register with the JFBA at the same time as they are admitted to local bar associations. Therefore, all attorneys, legal professional corporations, and registered foreign lawyers in Japan form the JFBA. Local Bar Associations Japan has 52 local bar associations, one for each of the 50 district court jurisdictions, with the exception of Tokyo where three bar associations existed before the enactment of the current Attorney Act. Local bar associations consist of attorneys, legal professional corporations, and registered foreign lawyers. Attorneys (Bengoshi) Any person qualified to practice law in Japan becomes an attorney as well as a member of the JFBA by being listed on the JFBA s Roster of Attorneys through the bar association to which she/he chooses to belong. 4 JAPAN FEDERATION OF BAR ASSOCIATIONS

6 Legal Professional Corporations Since April 2002, attorneys have been allowed to form corporations (legal professional corporations) for the purpose of engaging in legal practice. Upon incorporation, the legal professional corporation becomes a member of the local bar association of the district in which the office is established, as well as a member of the JFBA. The system of legal professional corporations aims to enable attorneys to provide a variety of highly specialized legal services in a stable manner and to continue providing services for clients as a corporation by means of corporate organizations. Legal professional corporations may establish secondary law offices. Registered Foreign Lawyers (Gaikokuho-Jimu- Bengoshi) Registered Foreign Lawyers are those approved to engage in legal services in Japan related to certain laws of the jurisdictions other than Japan where they are qualified to practice. They are required to obtain approval from the Minister of Justice and have their names listed on the Roll of Registered Foreign Lawyers maintained by the JFBA. This system was introduced by the Act on Special Measures concerning the Handling of Legal Services by Foreign Lawyers and the 1987 amendment of the JFBA s Articles of Association. In addition, the JFBA also has, for historical reasons, quasi-member and special member categories for those who provide similar legal services as attorneys in specific fields or geographical areas. 3 JFBA Finances The principle of autonomy, a cornerstone of the Japanese attorney system, is maintained in the JFBA s finances as well. As financial independence is an essential element of autonomy, the JFBA meets its expenses with revenue obtained from dues, registration fees, training fees, publications, and other sources. No external constraints are imposed on how the JFBA uses its funds; however, in order to ensure impartiality, the JFBA has voluntarily entered into an audit agreement with an auditing firm. The JFBA has an annual budget of approximately 6.2 billion (FY 2011), and except for the balance brought forward, more than 90% of its total revenue is accounted for by membership dues ( 14,000 per month per attorney, totaling approximately 4.7 billion). The JFBA is currently collecting an additional special monthly fee of 6,200 per attorney in 2011 for the Fund for Juvenile and Criminal Defense (i.e. the fund to cover the expenses for juvenile attendant aid and criminal suspect defense aid services), and the Fund for Legal Aid (i.e. the fund to cover legal support for victims of crime; legal support related to refugee adjudication; legal aid for foreign nationals; legal support for children; legal support for mentally disabled persons; legal support concerning the Act on Medical Care and Treatment for Persons Who Have Caused Serious Cases Under the Condition of Insanity; and legal support for the aged, disabled or homeless; and other legal aid for human rights relief) and the Fund for Correcting Regional Shortages of Attorneys, and spending such fees on public interest activities. JAPAN FEDERATION OF BAR ASSOCIATIONS 5

7 4 Organization Members Legislative Bodies Executives Committees Secretariat Local Bar Associations (52) Attorneys Legal Professional Corporations Quasi-Members Okinawa Special Members Foreign Special Members General Meeting House of Delegates Board of Executive Governors Board of Governors President (1) Vice Presidents (13) Governors (71) Executive Governors (39) Auditors (5) Statutory Committees (7) Standing Committees (5) Special Committees (over 70) Secretary General (1) Deputy Secretary Generals (6) Research Office Public Information Office Office of International Affairs Research Office for Judicial Reform Office for Legal Education Office for Human Rights Protection Office on Information and Statistics Office of Continuing Legal Education and Legal Practice Office on Legislative Issues Office on Japan Legal Support Center Secretariat Staff Registered Foreign Lawyers (Gaikokuho-Jimu-Bengoshi) The JFBA's highest decision -making body in which important issues such as budgets and establishment and revision of the JFBA's Articles/rules are deliberated. Deliberates mainly on the selection of Vice Presidents, Governors, and Auditors. Deliberates mainly on issues related to rules and regulations of local bar associations. Deliberates mainly on issues related to JFBA regulations, agendas of the General Meeting, and JFBA opinion papers, etc. Directly elected by all attorney members, 2-year term. 1-year term 1-year term Elected by the Governors from among themselves, 1-year term. 1-year term Established by the Attorney Act and the Act on Special Measures concerning the Handling of Legal Services by Foreign Lawyers. Established by the Articles of Association of the JFBA. Conducts research on judicial issues Publicizes the JFBA's activities, including providing information to the media and operation of the JFBA website. Serves as a liaison for international activities of the JFBA. Conducts research and studies on judicial reforms and makes related materials. Collects various information on legal training including law schools, the bar examination, and legal apprentice training and considers the JFBA's measures as well as serving as a liaison with law schools, those who wish to be legal professionals, and ministries/agancies concerned. Provides support for the JFBA Human Rights Protection Committee in its human rights relief activities. Collects, analyzes, maintains, and provides information on activities of the JBFA/local bar associations and the judical system, and edits and publishes the White Paper on Attorneys. Plans training programs for attorneys, researches, studies, and provides information on practice areas of attorneys. Researches and studies legislative issues and supports in making JFBA recommendations on the issues. Researches and studies issues related to the Japan Legal Support Center (JLSC) to establish JFBA policies for improving the JLSC. 16 divisions 6 JAPAN FEDERATION OF BAR ASSOCIATIONS

8 5 Relationship between the JFBA and Local Bar Associations The JFBA possesses a unique autonomy, free from the supervision of state institutions, and is the sole and supreme organization that is intended to manage matters relating to the guidance, liaison, and supervision of all attorneys, legal professional corporations, registered foreign lawyers, and the 52 local bar associations, in order to maintain the dignity of and to improve and advance the work of its members. The 52 local bar associations also have their own authority and are intended to manage matters relating to the guidance, liaison, and supervision of their member attorneys, legal professional corporations and registered foreign lawyers (however, with regard to the registered foreign lawyers, statements of opinion prior to approvals from the Minister of Justice, registrations, and disciplinary actions shall be conducted by the JFBA), thus their authority overlaps with the JFBA s authority in this respect. However, it is understood that the local bar associations should, in the first place, guide, liaise with, and supervise their members, and that the JFBA will directly guide, liaise with, and supervise in the case of the local bar associations not doing so or where it is deemed inappropriate for them to do so. In addition, the JFBA is to guide, liaise with, and supervise the 52 local bar associations, and as a particular example, it is stipulated that the JFBA is to approve the establishment and amendment of the rules of local bar associations, to receive reports on the resolutions of the General Meetings of the local bar associations, and it may rescind the resolutions of the General Meetings where they are deemed to adversely affect the public interest. As a self-regulatory organization, the JFBA provides guidance, liaison, and supervision through its activities, such as the registration and review of qualifications, and disciplinary actions against the attorneys, legal professional corporations and registered foreign lawyers. In addition, the JFBA is performing a significant role related to issues such as the redressing of human rights abuses and the improvement and reform of the justice system by vigorously committing to various activities related to the protection of human rights; research and submission of opinions concerning the revision of various laws; participation in providing relief to consumers and a commitment to issues concerning pollution and the environment; improvement of criminal procedures; and a judicial reform movement to open up the justice system to citizens. JAPAN FEDERATION OF BAR ASSOCIATIONS 7

9 Ⅱ. The Japanese Attorney System 1 How Attorneys Function in Japan (1) The Mission of Attorneys The Attorney Act defines the mission of attorneys as protecting fundamental human rights and ensuring social justice (Article 1). In other words, attorneys have a mission to protect the fundamental human rights of the people and to work for social justice regardless of whether or not they are in the courtroom, and as such are required to provide quality legal services. The Attorney Act also gives attorneys exclusive rights to provide legal services, unless explicitly stated to the contrary. Representatives for the parties, when appointed, must be qualified attorneys in order to argue cases at court, except for summary court. In addition to prohibiting unqualified persons from providing legal services, the law also defines unauthorized practice of law as a criminal activity. With this exclusive right to provide legal services, attorneys therefore also assume an obligation to adequately represent and serve their clients, the people of Japan. Once an attorney is registered as a qualified attorney, a lapel pin with a silver-colored scale positioned at the center of a goldcolored sunflower is to be provided; the sunflower symbolizes justice and liberty, while the scale symbolizes fairness and equality. legislation as public servants with limited terms, which opens up new avenues for their activities. There is also a system for appointing attorneys both as full-time judges and as part-time judges, where they can retain their status as attorneys but also serve on the bench part of the time. In addition, the venues for attorney services are no longer limited to the traditional courtroom. More attorneys are offering alternative dispute resolution (ADR) services, preventative legal services, and also the number of attorneys who offer corporate legal services as in-house counsel was only 64 in 2001, however, such number had increased to 588 by the end of (3) Forms of Legal Practice Over 60% of all law firms are still comprised of one practitioner, but urban areas are seeing an increase in the number of firms involving several attorneys, and more than half of all attorneys in Japan now belong to such firms having more than one attorney. Further, large law firms with 400 or more attorneys have now emerged. (2) Broadening the Scope of Activities As part of the judicial reforms, there has been a substantial broadening of the scope of activities open to attorneys. Japan is moving from small-scale justice to large-scale justice, and the activities of attorneys, the chief players in the judicial system, are broadening. Attorneys have an obligation to extend the rule of law to all facets of society. To help make this possible, institutional reforms have removed the requirement for prior permits when attorneys engage in for-profit activities; they now only need to file notifications. Likewise, the rules concerning restrictions on the assumption of public services by attorneys have been abolished and are currently being liberalized. There are now provisions under which attorneys can retain their bar qualifications while becoming involved in government administration and 8 JAPAN FEDERATION OF BAR ASSOCIATIONS

10 2 Attorney Qualifications To become qualified to practice as an attorney, judge, or prosecutor, one must complete a law school curriculum, pass the bar examination, and complete a one-year apprenticeship at the Legal Training and Research Institute of the Supreme Court. The new system requiring graduation from law school as a qualification for the bar examination commenced in April 2004 (see IV-4, Professional Legal Training and Education ). Under the old system, anyone could take the bar examination, but this system ended in In 2011, Japan instituted another system under which candidates will be able to sit for the bar examination by passing a preliminary test which anyone can take, even if they have not completed law school. As special exceptions, candidates with practical experience in the law, as defined by the Attorney Act, and candidates that have served as professors and assistant professors at law schools after passing the bar examination may be qualified as attorneys without completing a one-year apprenticeship but after completing a training course assigned by the Minister of Justice and being certified by the Minister of Justice. Attorneys, judges, and public prosecutors are distinct statuses that cannot be held by the same person at the same time (please also refer to II. 1 (2), regarding the explanations about part-time judges as an exception to the above) but they receive the same basic education and training, making it possible for judges and prosecutors to become attorneys and vice versa. Japanese citizenship is not required to qualify as an attorney. Once qualified, candidates must register with the JFBA in order to practice as attorneys. In addition to becoming members of the JFBA, attorneys must also join the local bar association where their practices are located and they come under the supervision of both organizations. 3 Qualifications for Foreign Special Members (Gaikokuho-Jimu-Bengoshi) In order for qualified attorneys from other countries to practice law in Japan, they are required to register their names in the roster of registered foreign lawyers held by the JFBA. The first thing they have to do is to receive the status of registered foreign lawyer (gaikokuhojimu-bengoshi) with the approval of the Minister of Justice. Certain requirements must be met, for example, practical experience of more than 3 years in their home countries. After approval by the Minister of Justice, qualified foreign attorneys may only practice law as gaikokuho-jimu-bengoshi by registering with the JFBA. As such, they are authorized to provide legal services with respect to the laws of the country in which they have the status of attorney (country of primary qualification) and the laws of other countries designated by the Minister of Justice (designated countries). They may also provide legal services with respect to the laws of third countries other than those of the country of primary qualification and the designated countries, provided they receive written advice from persons meeting certain requirements. Finally, gaikokuho-jimubengoshi may represent clients in international arbitration proceedings. On the other hand, gaikokuho-jimu-bengoshi are barred from certain forms of practice, for example, representing clients in proceedings at Japanese courts or government tribunals, even if these proceedings are related to the laws of the country of primary qualification or the designated countries. A gaikokuho-jimu-bengoshi may employ a bengoshi but is neither allowed to handle legal services beyond the scope of practice permitted nor give an order related to such legal services to the bengoshi whom she/he employs. A gaikokuho-jimu-bengoshi may also operate a joint legal practice with a bengoshi. However, when operating such legal practices, gaikokuho-jimu-bengoshi are prohibited from inappropriate involvement in legal services outside the scope of their qualifications. JAPAN FEDERATION OF BAR ASSOCIATIONS 9

11 4 Self-Governance (1) Self-Governance of Attorneys The JFBA and the local bar associations have a high degree of self-governance in that they are empowered to examine the qualifications of, and take disciplinary action against, attorneys, and the activities of attorneys and their regulations do not fall under the supervision of the courts, public prosecutors or administrative institutions. Self-governance is essential for preserving the independence of the legal profession because attorneys are, at times, required to oppose the exercise of the authority of the state, in order to conduct their professional duties. For this reason, bar associations differ from other professional associations in that they are not governed by a regulatory agency and from a financial perspective are operated entirely from dues and other revenues collected from members. Therefore, bar associations are specifically responsible for: 1) reviewing and registering qualified attorneys and 2) providing supervision and, when necessary, disciplinary measures for attorneys. In addition to the above, membership in bar associations is mandatory and unregistered attorneys are not allowed to practice law. (2) Code of Ethics In November 2004 the JFBA replaced its Code of Ethics (resolutions issued by the JFBA) with the new Basic Rules on the Duties of Practicing Attorneys. These rules took effect in April It is essential that attorneys maintain the trust of society and the general public in order to strengthen the self-governance of bar associations. This requires that each individual attorney maintain high ethical standards and provide quality legal services. The Basic Rules on the Duties of Practicing Attorneys attempts to define both a code of ethics and a code of conduct for attorneys with chapters covering such issues as basic ethics, relationships with clients (confidentiality obligations and prohibitions against conflicts of interest), criminal defense, legal practice within organizations, joint practices, rules for legal professional corporations, and rules governing relationships with other parties, other attorneys and bar associations. 10 JAPAN FEDERATION OF BAR ASSOCIATIONS

12 (3) Disciplinary Action against Attorneys While attorneys in Japan do not fall under the supervision of any government power, they do submit to the disciplinary authority of their local bar associations and the JFBA. The following actions are subject to disciplinary measures: (1) violations of the Attorney Act or the Articles of Association of the local bar association or the JFBA; (2) conduct that jeopardizes the good order of or the trust in the bar associations; and (3) misconduct of a disgraceful nature, whether in the course of or outside professional duties. The Basic Rules on the Duties of Practicing Attorneys articulate the ethical and professional codes of attorneys and serve as effective guidelines for determining whether attorneys have committed misconduct of a disgraceful nature. Anyone may file a complaint for disciplinary action against an attorney with the local bar association to which the attorney belongs. When a complaint is filed, the bar association is obligated to initiate disciplinary procedures and have the matter investigated by its Discipline Enforcement Committee. If the Discipline Enforcement Committee finds grounds for the claim, it passes a resolution calling for a formal investigation of the case by the Disciplinary Actions Committee and the bar association is obligated to have its Disciplinary Actions Committee conduct an investigation. Should it deem disciplinary action appropriate, the Disciplinary Actions Committee passes a resolution explicitly stating the disciplinary actions sought, and the bar association is obligated to discipline the attorney accordingly. There are four types of disciplinary sanctions that can be imposed: (a) disbarment (loss of qualification for a period of three years); (b) an order to withdraw from the bar association (loss of status); (c) suspension from the practice of law for up to two years (no impact on status or qualifications); and (d) reprimand (no impact on status or qualifications). Attorneys who are subject to a disciplinary sanction may file a request for reexamination with the JFBA for cancellation of such sanction. In such a case, the JFBA Disciplinary Actions Committee conducts the reexamination. Regarding the JFBA s decisions based on resolutions of the JFBA Disciplinary Actions Committee, attorneys may institute lawsuits for rescission of such decisions with the Tokyo High Court. Should the party filing the complaint be dissatisfied with the decision made by the local bar association, including when the local bar association decides not to impose disciplinary sanctions based on the decision made by the Discipline Enforcement Committee or the Disciplinary Actions Committee, she/he may file an appeal to the JFBA, and the JFBA Discipline Enforcement Committee or Disciplinary Actions Committee will investigate. In the event of the JFBA Discipline Enforcement Committee finding grounds for the complaint, then the JFBA refers the matter back to the original bar association (to its Disciplinary Actions Committee). If the JFBA Disciplinary Actions Committee decides to impose punishment or to impose a heavier punishment, the JFBA subsequently imposes its sanctions on such attorney. In the event of the JFBA deciding to reject an appeal based on a resolution by the JFBA Discipline Enforcement Committee, the filer may seek a review by the JFBA Board of Discipline Review. If the JFBA Board of Discipline Review passes a resolution finding grounds for a disciplinary investigation, the case is referred back to the Disciplinary Actions Committee of the original bar association. At both the local and Federation levels, the Discipline Enforcement Committee and the Disciplinary Actions Committee are comprised of members including those chosen from outside the bar association, such as judges, prosecutors, and other people such as scholars, as well as attorneys. The JFBA Board of Discipline Review, which is the final ruling body, is comprised of persons with specialized knowledge (other than current or past attorneys, judges, and prosecutors). Disciplinary sanctions imposed by local bar associations and the JFBA are published in the JFBA s monthly journal, Jiyu to Seigi (Liberty & Justice) and the official government gazette. JAPAN FEDERATION OF BAR ASSOCIATIONS 11

13 Ⅲ. The Japanese Judicial System 1 The Japanese Judicial System There are five types of ordinary courts in Japan: the Supreme Court, High Courts, District Courts, Family Courts and Summary Courts. Japan adopts a three-tiered judicial system and, in most cases, a summary, family, or district court will be the court of first instance depending on the nature of the matter. 1) The summary courts handle, in principle, civil litigation cases involving claims which do not exceed 1.4 million. The summary courts also handle civil conciliation cases and demands for payment. Furthermore, they handle criminal cases related to relatively minor offenses. 2) The family courts handle lawsuits related to personal status, adjudications and conciliations for family affairs cases, adjudications for juvenile cases, etc. 3) The district courts handle the first instance of most types of civil, criminal, and administrative cases. Most civil and administrative cases are normally deliberated by a single judge, except for cases for which the court has decided that it shall be tried by three judges. Regarding criminal cases, generally a single judge handles a case, except for certain serious crimes which are tried by three judges. In Japan, the Saiban-in (lay judge) system started in May 2009 under which, lay judges chosen from citizens serve alongside professional judges in examining cases involving certain crimes at district courts (see IV-2, Saiban-in (Lay Judge) System ). 4) The high courts mainly handle appeals (koso appeals, i.e. appeals filed against a final judgment rendered by a lower court (usually a district court) and most kokoku appeals, i.e. appeals filed against a ruling or an order turning down a motion relating to proceedings without oral argument) filed against judgments rendered by district courts, family courts or summary courts, or certain decisions by administrative agencies. In addition, on April 1, 2005 the Intellectual Property High Court, which specializes in intellectual property cases, was established as a special separate branch of the Tokyo High Court. 5) The Supreme Court is the highest and final court and handles appeals against judgments rendered by high courts (jokoku appeals) and certain special kokoku appeals that are prescribed under the procedural laws. It is composed of the Chief Justice and 14 Justices, with a Grand Bench comprised of all 15 Justices and three petty benches each comprised of 5 Justices. The cases are first assigned to one of the three petty benches, and those cases that involve constitutional questions are transferred to the Grand Bench for examination and adjudication. 2 Judicial Proceedings Civil Cases and Administrative Cases Civil cases are legal disputes between private individuals. The classic examples are disputes over the lending of money or property leases. Indeed, the vast majority of legal disputes are civil cases. When these cases are disputed in court, they are referred to as civil litigation cases in which the individual s rights and obligations are ultimately determined by a judgment. When an individual is not satisfied with a decision made by the central or local government, she/he may also seek a judgment from a court as administrative litigation, as well as file an appeal to the administrative agency. This category of cases is referred to as administrative cases. Examples include demands for the cancellation of taxation imposed by the tax authorities or nullification of an election. The court of first instance for civil cases is a district court or summary court, while it is a district court for administrative cases, with such courts judging the cases in accordance with the Code of Civil Procedure or the Administrative Case Litigation Act. Labor cases are another important form of legal dispute. There are two basic types of such disputes: an individual labor dispute between an employer and an employee and a collective labor dispute between an employer and a union. In April 2006, Japan introduced the Labor Adjudication System for individual labor dispute cases. Under this system, three labor adjudicators (one serving as a judge and one each representing the interests of the employer and the employee) form a Labor Adjudication Committee that seeks to resolve the dispute in no more than three sessions by providing conciliation or adjudication. The objectives are to resolve cases quickly, appropriately, and effectively. Cases that cannot be resolved through this system are referred to ordinary judicial proceedings. 12 JAPAN FEDERATION OF BAR ASSOCIATIONS

14 Filing of a lawsuit Judical procedures in civil cases Service of summons and complaint sent to defendant Litigation in the 1st instance (district court) settlement procedure Argument submission of pleading, production of documentary evidence settlement session Examination of evidence examination of witnesses, verifications, expert opinion, etc. settlement Judgment If dissatisfied Appeal to a high court within two weeks (koso) Appellate procedures Dismissal Reversal and rendering new judgment Reversal and remand Appeal to the Supreme Court (jokoku) and claim for acceptance of jokoku JAPAN FEDERATION OF BAR ASSOCIATIONS 13

15 Family Affairs Cases As their name suggests, family affairs cases are disputes involving the family, for example marriage annulments/ cancellation and divorces, custody over children, and inheritance. In the resolution of family affairs, particular attention must be given to emotional conflicts and privacy considerations. Japan has applied a system of conciliation where family courts around the country dispose of family affairs cases with closed proceedings when the parties have difficulty resolving the cases themselves. Conciliation is conducted by a Conciliation Committee comprised of a family court judge and members from the general public. This system results in conciliations for roughly 50% of the cases filed at family courts. If the case is not resolved by conciliation, it is settled through adjudication by a family court or through litigation. Whether the case is settled through adjudication or litigation depends on the facts of the case in question and the applicable laws. Criminal Cases Japan has a three-stage trial system for criminal cases (however, the defendant also has the right to file for a retrial after a guilty verdict has been finalized if new evidence or the like is found, based on which a determination of innocence may be made). Public prosecutors have the authority to prosecute cases. A period of twenty-three days is allowed for arrest and detention before an indictment, and there is no preindictment bail system. Trials focus on the examination of evidence. Procedures to arrange evidence and points of dispute may be held prior to a trial or between trials. Previously, Japan had assigned court-appointed attorneys for defendants only after indictment. However, since October 2006, as part of the new judicial reforms, court-appointed attorneys must now be assigned prior to indictment for suspects of certain serious crimes who are in custody. The scope of this court-appointed attorney system has been expanded, from May 2009, to now include suspects facing servitude or imprisonment for a maximum of over three years. The JFBA has long advocated a court-appointed attorney system for suspects and this has finally been achieved. For the participation of victims of crime in criminal trials, please refer to V 3., and for further information on problems in the criminal justice system and the JFBA s efforts toward the drastic reform of criminal procedures, please see VI-5. Juvenile Cases Juvenile cases are cases involving juveniles aged 14 to 19 who have committed a crime (juvenile offenders), and those cases concerning juveniles under 14 who have violated a criminal law or ordinance but are not considered offenders under the Penal Code because of their young age (juveniles who have committed illegal acts). In order to realize the principles of the sound rearing of juveniles, articulated in Article 1 of the Juvenile Act, Japan has applied a system where every juvenile case is referred to a family court after an investigation has been conducted by the police and/or prosecutors. The family court investigates the accepted case and starts hearing proceedings. The hearing of proceedings in juvenile cases differs from those in ordinary criminal cases. One difference is that juvenile hearing proceedings are not open to the public. Juvenile hearing proceedings may result in non-punishment or protective measures, such as referral to juvenile training schools or children s selfreliance support facilities. In certain cases, the family court may refer a case back to the public prosecutors for trial under ordinary criminal proceedings. In this case, the same criminal proceedings as those for an adult are conducted for the juvenil. 14 JAPAN FEDERATION OF BAR ASSOCIATIONS

16 Occurrence of crime Procedures in criminal cases Commencement of investigation Compulsory investigation Voluntary investigation (including interrogations without detention) Arrest Suspect informed of right to legal counsel No more than 72 hours Detention Detention at a detention center or a police station cell In principle 10 days, maximum 20 days Case processed by public prosecutors Indictment Referral to family court (Cases involving minors under the age of 20) Charges dropped Opening proceedings Litigation in the 1st instance (district court) Examination of evidence *Depending on the case, procedures to arrange evidence and contested issues may take place prior to or during the first or between trials. *Bail may be allowed after indictment. Closing argument Judgment Appeal to high court If dissatisfied *Appeals must be filed within two weeks. If dissatisfied Appeal to the Supreme Court (jokoku) JAPAN FEDERATION OF BAR ASSOCIATIONS 15

17 Ⅳ. Justice System Reform and the JFBA The JFBA has issued eleven declarations on judicial reform since 1990 as part of its goal to achieve justice for the people in which the justice system is more familiar and accessible to its users, the general public. The government established the Justice System Reform Council, which issued the Recommendations calling for fundamental reforms in The reforms articulated in the said Recommendations aimed to realize, in the true sense, the respect for individuals and popular sovereignty on which the Constitution of Japan is based and to ensure that the rule of law would prevail throughout society. The Recommendations were intended to reinforce the judicial functions which protect people s rights and maintain and develop the law. Furthermore, they pursued the transition from small-scale justice to large-scale justice by improving institutional bases for making them easier to use, enhancing human resources to be legal professionals who support people s lives, and advancing participation of citizens in justice, in order to establish a democratic basis for the judicial system. These recommendations, together with subsequent discussions in the Office for Promotion of Justice System Reform established within the Cabinet, resulted in the passage of 24 laws related to justice system reform by the end of 2004, followed by actions to realize such reforms. 1 Access to Justice and Establishment of the Japan Legal Support Center ( Hoterasu ) Specific judicial reforms are mentioned below. In 2004, the Comprehensive Legal Support Law was enacted to expand access to legal services for the public, which is one of the main pillars of the judicial reform process, under the basic principle of creating a society where necessary information and services for legal solutions of disputes are universally available throughout Japan, and obliging the government to organize a system that secures such access to legal services. Under this law, the Japan Legal Support Center (known as Hoterasu ) was established according to the framework of an independent administrative institution, and commenced operations in October It is engaged in various activities to expand access to legal services, mainly involving legal aid for civil and criminal cases. Prior to the establishment of the Center, civil legal aid services were provided by the Japan Legal Aid Association established under the initiative of the JFBA with subsidies from the government, and criminal legal aid was provided by the courts with government funding, only for defendants after they had been indicted. The Japan Legal Support Center assumed these services and expanded the scope of operations, and for criminal cases, the scope of services has been extended to now include suspects in serious cases. (For more details, please refer to V Japan Legal Support Center and Legal Aid System in Japan.) The Center provides the public with legal information and contact information for institutions providing consultations through the establishment of call centers (information services), and aims to improve access to legal services in communities with shortages of attorneys through the establishment of law offices with assigned staff attorneys (correction of regional shortages of attorneys). In addition, it introduces various support systems for victims of crime (victims of crime support services). The JFBA supports the legal aid services of the Japan Legal Support Center through securing attorneys who will engage in the services listed above under an agreement with the Center, and through various working-level discussions regarding the service standards of the Center. 16 JAPAN FEDERATION OF BAR ASSOCIATIONS

18 2 Saiban-in (Lay Judge) System While traditionally, the Japanese courts have been run exclusively by professional judges, the JFBA has long proposed a system that would allow ordinary citizens to participate in the judicial process. The Recommendations of the Justice System Reform Council stated that one of the purposes of the recent justice system reforms is to reposition the public as principals, not bystanders, in governance. As part of this reform, Japan introduced the Saiban-in (lay judge) system in May 2009 under which, as a rule, six lay judges serve alongside three professional judges in examining cases involving certain serious crimes. Lay judges participate in criminal trials, analyzing the facts, and deciding sentences with an authority equivalent to that of professional judges. The system is similar to a jury system in that lay judges are chosen at random from voter lists and appointed to serve on specific cases. It also resembles a lay judge (Schöffe or éhevin) system in that citizens participate in trials alongside professional judges. Historically, numerous written statements produced by investigators and based on interrogations have been used as material evidence in Japanese criminal courts. However, for the Saiban-in system to run smoothly, it is essential to realize an easily understandable examination of evidence with a focus on the questioning of witnesses before the court, and to enable lay judges to actively and effectively voice their opinions in deliberations. The JFBA is studying how to improve the Saiban-in system by reviewing current practices of criminal procedures and defense under this system. The JFBA compiled a proposal on March 15, 2012, prior to the three-year anniversary of the enforcement of the Act on Criminal Trials Examined Under the Lay Judge System in May 2012, for reforms regarding lay judge trials, taking into consideration the review of the first three years since the coming into force of such Act. The JFBA is also engaged in activities to foster an understanding of the importance of the Saiban-in system among the public. 3 The Population of Legal Professionals In order to disseminate the rule of law throughout every corner of society, through expansion of the activity areas of legal professionals and the arrangement of a new system to nurture legal professionals with a focus on law schools, the Recommendations of the Justice System Reform Council proposed that 3,000 people should pass the bar exam per year by around 2010 and that the number of actually working legal professionals should be roughly 50,000 persons by around In response to the aforementioned proposal, the government subsequently increased the number of legal professionals, aiming for the realization of a 3,000-person system in terms of the number of people passing the bar exam by around 2010 (with an increase to approximately 35,000 legal professionals in 2011, up from approximately 17,000 in 1991). However, the number of persons passing the bar exam was only 2,063 in The Japan Federation of Bar Associations ( JFBA ) has undertaken the utmost endeavors to preserve the number of legal professionals required by the public, while attempting to maintain and improve the quality of such legal professionals. However, it has now been apprehended that the new system to nurture legal professionals that centers on law schools is not sufficiently functioning from the viewpoint of maintaining the quality of legal professionals. Moreover, the institutional infrastructure is making progress at a sluggish pace, such as with the expansion of the civil legal aid system. In regards to demands for legal professionals, it cannot be recognized at present that the quantitative increase and diversification JAPAN FEDERATION OF BAR ASSOCIATIONS 17

19 predicted by the Recommendations of the Justice System Reform Council have actually taken place. Furthermore, an increase in the number of judges and public prosecutors was attempted; however, despite such attempt, only a slight increase has taken place. Only the number of attorneys has sharply increased. This phenomenon has caused serious problems, including a concern about numerous new lawyers generated in society who lack practical experience and ability due to a shortage of on-the-job training caused as a result of the difficulty of finding employment for new lawyers. The problems also include a decrease in the number of candidates seeking to become legal professionals. Furthermore, governmental approaches to expand the range of activities for legal professionals have not yet progressed. Therefore, in order for the JFBA to review policies on the number of legal professionals, it established the Committee on Policy for the Number of Legal Professionals in June 2010, and a great deal of reviews have taken place regarding such policies. Based on a final summary of discussions of the said Committee, the Proposal on Policy on the Number of Legal Professionals (March 15, 2012) was published. The proposal suggests that, in order to solve the aforementioned problems and realize a judicial system catering to the needs of the public, first of all, the number of persons passing the bar exam should be decreased to 1,500 persons a year, and the pace for increasing the number of legal professionals should be slackened. Additionally, further decreases should be addressed while the degree of maturity of the system for nurturing legal professionals, actual legal demand, and improvement of problems are reviewed. 4 Professional Legal Training and Education The judicial reform aimed to shift the focus of professional legal training and education from selection through the single event of the bar examination to the establishment of a professional legal training and education system which provides a broader process through organic coordination of legal education, bar examination and legal apprentice training. In 2004, the first graduate-level law schools were opened to assume the central role in the reform as educational institutions specializing in professional legal training and education. There were 68 law schools at the beginning of the system, with 6 schools opening the following year, and the 74 law schools are operating to date. (However, two out of such 74 law schools have indicated their plans to withdraw.) In general, three years of legal education, or two years for those with legal education at the undergraduate level, is required to complete law school. Graduating from a law school is a prerequisite to sit for the new bar examination that commenced in 2006 (For further details, see II-2. Attorney Qualifications ). In law schools, approximately 1,400 attorneys are engaged in legal training as practitioner teaching staff. The JFBA established the Committee on Law Schools in 2000, and created the Office for Legal Education in 2003 to enhance law school education and support practitioner teaching staff. The JFBA has also submitted its consideration and proposals concerning law schools and the bar examination in order to strengthen the new professional legal training and education system with the law school as its core. The main legal training after passing the bar examination is the apprenticeship conducted in the District Courts, District Public Prosecutors Offices, and local bar associations throughout Japan. The JFBA has established the Legal Apprentice Training Committee to support the local bar associations in order to ensure that they can offer well-developed legal apprentice training which is able to respond to the significant increase in the number of apprentices. With the amendment of the Court Act in 2003, the salary 18 JAPAN FEDERATION OF BAR ASSOCIATIONS

20 system for judicial apprentices was replaced with a loan system from November 1, The JFBA has been conducting various activities in its efforts to achieve the re-revision of the Court Act to revive the salary (allowance payment) system in order to ensure that no one gives up their ambitions to become legal professionals simply due to financial reasons and that judicial apprentices are able to focus on their apprenticeship without having to worry about financial issues. 5 Other From 2009, various improvements and reforms have been implemented in relation to the criminal justice system, such as the significant expansion in the scope of the court-appointed attorney system for suspects, enhancement of the disclosure of evidence, and realization of active trials by enhancing oral argument and direct participation. In addition, various other reforms are being implemented, including reform of the administrative litigation system such as the broadening of standing, reform of the intellectual property system, such as the establishment of the Intellectual Property High Court, reform of the system concerning judges, such as the appointment and evaluation of judges, the establishment of a system where judges and public prosecutors experience other professions, the liberalization of profit-earning activities of attorneys, the deregulation of legal fees, reform of the attorney system, including improvement of the disciplinary system, the establishment of the labor adjudication system, and the improvement of the ADR system. However, more reforms reflecting the principles and content of the Justice System Reform Council s Recommendations must be solidly implemented in various areas, including the enhancement of access to the judicial system such as the fundamental reform of the civil legal aid system, reform of the civil justice system so as to make it more user-friendly and to enhance the rights of parties, reform of the administrative litigation system, reform of the criminal justice system including electronic recording of interrogations, improvement of the professional legal training and education system, reform of the judge system, including promoting the appointment of attorneys as judges, and expansion of areas of activities for attorneys. JAPAN FEDERATION OF BAR ASSOCIATIONS 19

21 Ⅴ. Japan Legal Support Center and Legal Aid System in Japan The Japan Legal Support Center was established by the government and commenced services in 2006 (see IV 1. Access to Justice and Establishment of Japan Legal Support Center for details). With five primary areas of activity regulated under Article 30 of the Comprehensive Legal Support Act (information provision, civil legal aid, operations associated with the public criminal defense system, operations to address legal service deficiency, and assistance to victims of crime) as its framework, the Japan Legal Support Center conducts various operations so as to satisfy citizens diversified legal needs. Moreover, in addition to the primary areas of activity, in accordance with Article 30 paragraph 2 of the Comprehensive Legal Support Act, the Japan Legal Support Center is entrusted with operations consigned by the JFBA and the Support Foundation for Japanese Orphans in China (a public interest incorporated foundation). 1 Civil Legal Aid Systems The Japan Legal Support Center was established by the government in order to offer support to citizens with limited financial resources through free legal counseling (support for legal consultation) and loans for attorney s fees (attorneys remuneration and actual expenses for trials) for legal representation in civil trials (including family affairs cases and administrative cases) (support for representation), and loans for attorney s fees for preparation of documents to be submitted to the court (support for document preparation). Foreign nationals may use the civil legal aid system if they have residence status in Japan and are lawfully residing in Japan. 2 Criminal Legal Aid Systems (1) Suspects/Defendants A court will appoint defense counsel upon request by a suspect with limited financial resources who is detained for crimes punishable by (i) the death penalty, (ii) indefinite penal servitude/imprisonment or (iii) a definite term of over three years of penal servitude/imprisonment. In case there is an indictment and a trial is scheduled, a court-appointed defense counsel will be appointed upon request by the defendant. In principle, the entire sum of remuneration and expenses for the court-appointed defense counsel will be paid through public funds, and the actual calculation of such amounts and the payment of services are provided by the Japan Legal Support Center. This service is available to foreign nationals with limited financial resources, regardless of their status of residence. (2) Juveniles For certain serious cases (such as (i) an intentional criminal act causing the death of a victim, and (ii) any crime, which is punishable by the death penalty, indefinite penal servitude/ imprisonment, or penal servitude/ imprisonment for a definite term of not less than two years) committed by a juvenile, the court may, at its discretion, appoint a public attendant, who is an attorney. If the court orders the public prosecutor to appear before the court, a public attendant who is an attorney must be appointed for the juvenile. Remuneration and expenses for the court-appointed attorney attendant are also calculated and paid by the Japan Legal Support Center. 3 Victims of Crime Under the determination of the court, victims of certain serious crimes are permitted to attend the criminal trial, to state their opinion and examine the defendant and witnesses by themselves or through the support of an attorney retained by the victim. In the case of the victim having limited financial means, the court will appoint an attorney to support the victim s participation in the criminal trial at the victim s request (court-appointed attorneys for victims). Remuneration and expenses for the court-appointed attorneys for victims are also calculated and paid by the Japan Legal Support Center. 20 JAPAN FEDERATION OF BAR ASSOCIATIONS

22 4 Activities of the JFBA The JFBA supports the legal aid services of the Japan Legal Support Center through securing attorneys who will engage in the services listed above under an agreement with the Center, and through various working-level discussions regarding the service standards of the Center. The systems described above in 1 through 3 are all operated by the Japan Legal Support Center with public funding under the Comprehensive Legal Support Act. However, there are cases which have not been covered by publicly-funded legal aid. Therefore, the JFBA provides funds for cases where the need for redress of rights is significant, and is implementing a legal aid project through entrustment of the administration of calculation and payment of the actual remuneration and expenses to the Japan Legal Support Center. The JFBA s annual project expenses for 2011 totaled approximately 1.7 billion yen (the project plan for 2011). The nine areas where these systems have been implemented are (1) aid for defense of criminal suspects (those that are out of the scope of the court-appointed attorney system); (2) aid for attorney attendants in juvenile cases (same conditions as above); (3) legal support for victims of crime (same conditions as above); (4) legal support related to refugee adjudication; (5) legal aid for foreign nationals (in case they lack lawful resident status); (6) legal support for children; (7) legal support for mentally disabled persons; (8) legal support concerning the Act on Medical Care and Treatment for Persons Who Have Caused Serious Cases Under the Condition of Insanity; and (9) legal support for the aged, disabled, or homeless, and the like. 5 Issues to be Tackled Since issues such as employment insecurity and the expansion of poverty have now become serious issues to be overcome throughout society, the further expansion of civil legal aid as a safety net for the public is a pressing matter. The JFBA will continue conducting various activities including seeking budget increases for civil legal aid and expansion of the scope of cases granted such legal aid. At the same time, as for the activities regarded as legal aid activities to be conducted by the JFBA, as explained above, it is necessary for the JFBA to promote the fact that such activities should be one of the main practices to be conducted by the Japan Legal Support Center and that they should be considered as being in the scope of legal aid supported by public funding. JAPAN FEDERATION OF BAR ASSOCIATIONS 21

23 Ⅵ. Activities of the JFBA 1 Protection of Human Rights As the Attorney Act sets forth in Article 1, an attorney is entrusted with the mission of protecting fundamental human rights and achieving social justice. Protection of fundamental human rights is one of the most important missions of both the JFBA and individual attorneys. The results achieved through these activities in turn strengthen the public and social foundations of the JFBA and help it earn even greater trust. The JFBA undertakes human rights activities by establishing a number of committees to cover various themes and aspects of human rights, including the Human Rights Protection Committee, the core committee composed of attorneys nominated by local bar associations. These committees work in collaboration with local bar associations. The Human Rights Protection Committee categorizes human rights issues into seven areas and conducts study and research in each area. It also provides specific individual relief services when requests are received from the general public. Below is an outline of the human rights relief system. Victims and relevant parties file requests for human rights relief with the Human Rights Protection Committee when human rights have been infringed or when the threat of infringement exists. Upon receiving the complaint, the Committee establishes a case committee and charges it with investigating the facts of the specific case as necessary and determining whether there is a human rights violation. If this committee determines that an infringement of human rights has taken place, it refers the matter to the Board for decision, and the JFBA issues a warning, recommendation, or request to the infringing institution or organization, seeking the elimination and rectification of the infringement. These warnings may be issued to a wide range of both governmental and private institutions and organizations, including investigative agencies such as the police and public prosecutors, prisons or detention centers, as well as psychiatric hospitals and other facilities. These warnings or recommendations do not have legal binding effect, but they do have strong social influence because they are the result of strict and fair procedures conducted by a legal professional organization that, through many years and cases, has established its trustworthiness with the general public. They are seen, therefore, as leading directly to the relief and rectification of infringements upon human rights. Another important activity of the Human Rights Protection Committee is the relief of people declared guilty through faulty court proceedings when they are in fact innocent. The Retrial Committee, working under the Human Rights Protection Committee, seeks relief in these miscarriages of justice and has indeed proven innocence in more than a dozen retrials. In addition, the JFBA expands its activities through various committees working on specific issues, including: 1) the attainment of children s rights, including issues of prevention of child abuse and delinquency, 2) the realization of a gender-equal society in which both men and women can participate fully, dealing with various issues concerning the equality of men and women in the areas of labor, education, welfare, etc., 3) the realization of the rights of the elderly and disabled, 4) assistance for victims of crime, 5) environmental issues such as preservation of the natural environment, the prevention of global warming, waste management and antipollution, and other measures striving for the attainment of a resource-recycling society, 6) research into illegal business practices or large-scale cases of consumer victimization, aiming at consumer protection and the prevention and relief of consumer victimization, and 7) labor and poverty issues. Amid the serious global economic downturn, economic disparity has been widening and the number of people suffering from poverty has been continuously increasing in Japan, and poverty issues have become one of the biggest political issues facing Japan. Through the activities of the JFBA Committees regarding human rights protection, the JFBA has been conducting research and studies regarding poverty issues and has released a wide variety of legislative and policy recommendations from the point of view of legal practitioners. Such activities have resulted in numerous governmental policies and pieces of legislation including: legal amendments to reinforce controls on money lenders, establishment of an agency and a committee to comprehensively deal with consumer affairs issues, 22 JAPAN FEDERATION OF BAR ASSOCIATIONS

24 realization of daily-life counseling services for the needy and unemployed, and promotion of institutional reforms in order to protect the rights of persons with disabilities, such as amendments to domestic laws necessary for the ratification of the Convention on the Rights of Persons with Disabilities. 2 Disaster Reconstruction Assistance The JFBA established regulations on assistance for disaster reconstruction by local bar associations nationwide in Under peacetime conditions, in preparation for disasters, the JFBA has created disaster control measure manuals for the public, in which responses to legal problems at the time of disaster are summarized, and action manuals for local bar associations, in order to conduct support activities for disaster victims at the time of disaster. It has also researched legislative policies at the time of disaster. Additionally, Headquarters for Emergency Disaster Control have been established at the time of occurrence of various disasters, such as the Niigata Prefecture Chuetsu Earthquake, the Niigata Prefecture Chuetsu-oki Earthquake, and damage caused by foot-and-mouth disease occurring in Miyazaki Prefecture. Further, activities to support victims have been conducted, such as grasping the situation in disaster-affected areas through on-site inspection and making proposals for revision of the legal system in line with actual conditions. (1) Reconstruction Assistance for Victims of the Great East Japan Earthquake For reconstruction assistance for the victims of the Great East Japan Earthquake of March 11, 2011, and for relief for the victims of the incident at Tokyo Electric Power Company s Fukushima No. 1 nuclear power plant triggered by the earthquake, the JFBA established its Headquarters for Emergency Disaster Control on the very day of March 11, Legal consultation services were developed and provided nationwide, with a focus on the disaster-stricken areas, rooted in the basic standpoint of human reconstruction, seeking restoration of fundamental human rights for each individual. In order to respond to the real voices of the disaster victims and the victims affected by the nuclear power plant incident with whom the JFBA came into contact through such legal consultations, the JFBA has conducted analysis of the information obtained during such legal consultations. Based on such analyzed information, the JFBA has proactively made proposals for legislation and policies for the establishment or improvement of relief and assistance systems for the victims of the earthquake disaster, as well as for the victims affected by the nuclear power plant. In particular, the JFBA has sought countermeasures against the double loan problems faced by individuals and business proprietors (problems of new loans being impossible to obtain due to the payment of existing debts, despite tsunami damage having been caused to buildings, etc.). Even after the establishment of two groundbreaking systems (i.e. the Guidelines for Individual Debtor Out-of-Court Settlements and the Turnaround Initiative Corporation for Business Operators in the area of the Great East Japan Earthquake), the JFBA has continued to focus on whether or not the systems would be easily accessible to victims at all times, and has been making relevant approaches to associated institutions. Moreover, it is important to realize the sovereignty of disaster victims, which allows such victims to determine the reconstruction plans which will bring about true reconstruction of areas which suffered serious damage due to the earthquake. The JFBA is involved with town reconstruction, and it proactively reflects the intentions of the disaster victims as being the leading features in reconstruction plans and their implementation, so that it will be possible for disaster victims and successive generations to lead comfortable lives, and to restore and revitalize regional life, economy, society, and culture in the affected areas. In order to achieve these ends, the JFBA has been conducting assistance activities in collaboration with lawyers and local bar associations in affected areas. (2) Responses to Nuclear Power Plant Incident The JFBA has also been conducting extensive activities for relief of the victims of the incident at Tokyo Electric JAPAN FEDERATION OF BAR ASSOCIATIONS 23

25 Power Company s Fukushima No. 1 nuclear power plant, which was triggered by the Great East Japan Earthquake. In regards to claims for damage by the victims of the nuclear power plant incident, the JFBA has made approaches to seek complete compensation from the Tokyo Electric Power Company, and has sought relief measures for the victims of the nuclear power plant incident, including through the establishment of the Center for Dispute Resolution for Compensating Damages from the Nuclear Power Plant Incident, which makes it possible for the victims to be compensated through simpler proceedings than lawsuits. In addition, the JFBA has made proposals concerning the guidelines that serve as a rough standard of victims claims for compensation for damages from the Tokyo Electric Power Company publicized by the Dispute Reconciliation Committee for Nuclear Damage Compensation, created under the Ministry of Education, Culture, Sports, Science and Technology. Similarly, the JFBA has made proposals concerning measures against environmental pollution due to radiation and radioactive waste. Furthermore, the JFBA considers that claims for damage alone will not provide sufficient relief to the victims of the nuclear power plant incident. Thus, for such victims, the JFBA focuses upon the attempts to gain livelihood support, housing assistance, support for medicine, education, and welfare, enhancement of health checkups for prevention of health hazards, and the arrangement of a comprehensive system of food inspections. Moreover, the JFBA seeks the immediate abolishment of nuclear power generation itself, from the viewpoint of responsibility to future generations and the protection of human rights. (3) Future Approaches It is expected that reconstruction from the Great East Japan Earthquake will be a lengthy process, conducted over the long term. In particular, it seems that it will take several decades to achieve reconstruction of the regions that were affected by the nuclear power plant incidents. However, the JFBA will continue to support the disaster victims into the future. 3 Law-Related Education The JFBA has been engaged in law-related education, which teaches the basic value of law and legal approaches. As Japanese society moves its focus drastically away from administrative control in advance to judicial remedy after-the-fact, it is more urgent than ever that the general public, particularly children who will lead the future society, understand the role and value of the law so as to foster their motivation for actively participating in the legal process, and acquire the skills necessary to take independent action in accordance with the principles of law. In connection with this, the JFBA has formulated and implemented law-related education policies, conducted information exchanges with legal professionals, educators, and others, studied and developed law-related education materials to be used in schools, and also supervised the publication of picture books regarding laws in order to educate primary school children. In addition, it has advocated the establishment of lawrelated education programs in local bar associations, has conducted training for attorneys and teachers, and has also performed international studies. Local bar associations, in coordination with schools, work on providing classes where attorneys teach in schools, and work out junior law school programs which provide law-related education to children invited from the public, and training for teachers. The JFBA collects and provides related information in addition to providing various other forms of support. 4 Efforts to Improve Access to Justice Duty Attorney (Toban Bengoshi) System The Duty Attorney System is a private-sector system created by each local bar association. When requested by a suspect prior to indictment, the duty attorney quickly visits the suspect s place of detention and interviews the suspect, regardless of their nationality or visa status. If the suspect is a foreign national, an interpreter accompanies the duty attorney. The first consultation with a duty attorney is basically free of charge, and the interpretation fee is likewise free. 24 JAPAN FEDERATION OF BAR ASSOCIATIONS

26 These fees are borne by local bar associations, however, the JFBA also collects special dues for such System from its members so as to provide the local bar associations with financial support. After the first consultation, defense services will be subjected to fees for cases other than those to be covered by using the court-appointed defense attorney system for suspects, if the suspect requests the attorney to serve as his/her defense; otherwise, even the court-appointed defense attorney system is not available in such case, a suspect who has financial difficulties can request the attorney to serve as their defense free of charge, by applying for financial support from the Criminal Suspect Defense Aid System based on various funds, including the JFBA s fund. Similarly, when it is deemed that the court-appointed defense attorney system is not yet available because of the early stage of the case, being at the arrest stage, but prior to detention, a suspect who has financial difficulties can also request the attorney to serve as his/her defense free of charge, by applying for the above support. Establishment and Operation of Bar Funded Law Offices In Japan, there are some district court branch jurisdictions in which the number of practicing attorneys is extremely low. These jurisdictions are so called areas suffering from a shortage of attorneys. Since issuing its Declaration on Establishment of Legal Counseling Systems in Areas with Attorney Shortage (the so-called Nagoya Declaration) in 1996, the JFBA has endeavored to make the judicial system more accessible and open to the general public, and one of its goals has been to create a system that would ensure that attorneys are available and nearby throughout the country so that the public can quickly and appropriately seek protection of their rights. It has therefore made efforts to eliminate such areas. As a main part of these efforts, the JFBA, local bar associations, and regional federations of bar associations comprised of local bar associations, have respectively established Himawari ( Sunflower ) Fund Law Offices ; offices for public interest purposes with resident attorneys. These public offices, which have commenced services one after another since June 2000, are operated by individual member attorneys of the JFBA; but they are obligated to engage in activities for public interest purposes, including, but not limited to, court-appointed defense attorneys cases and legal aid services on civil cases. Thus, the JFBA supports their operations, mainly with financial support, including their opening costs. The costs required for the JFBA to support such offices are paid from the JFBA Himawari Fund based on the special dues from all member attorneys of the JFBA. Since the establishment of such Himawari Fund Law Offices system the number of this type of law offices had reached 111 by the end of March 2012, and the JFBA has made payments of approximately 1.3 billion yen in total for such aid. Local bar associations and regional federations of bar associations have also opened law offices in urban areas, such as to provide legal services for public interest purposes, and to train attorneys who intend to work as full-time staff attorneys of the Japan Legal Support Center, to practice in areas suffering from shortages of attorneys, or to serve as judges or public prosecutors. These law offices facilitate access to attorneys in urban areas as well. A total of 15 of these type of law offices had been opened throughout Japan by the end of March Financial Support for the Elimination of Areas with Attorney Shortages The JFBA commenced a project to provide economic support to areas facing shortages of attorneys from January This project is intended to encourage attorneys to settle in areas facing shortages of attorneys, with such areas being under the jurisdiction of a branch of a local district court and having populations of 30,000 or more per attorney. Under the condition of the JFBA approving applications filed by local bar associations or regional federations,, this project will provide services such as the following: * Loan of opening costs to attorneys who are going to settle and start practices in the areas set forth above; * Provision of technical support including training and advice by local bar associations and regional federation of bar associations to young lawyers who are going to settle and start practices in the areas set JAPAN FEDERATION OF BAR ASSOCIATIONS 25

27 forth above; and * Provision of costs required to open and expand a law firm that is to train attorneys who are going to settle and start practices in the areas set forth above, and training costs for such attorneys. Based on this project with a newly-established fund for financial resources, four law firms have been established in urban areas with financial support from the JFBA for the purposes of the public interest. Since the launch of this project, the JFBA had paid in approximately 490,000,000 yen in total by the end of March Legal Counseling Centers Local bar associations have established legal counseling centers so as to provide all citizens with access to consultation by attorneys anytime, anywhere. The types of consultations provided and consultation fees differ from center to center, and many bar associations, besides general legal consultations, offer specialized consultations on issues such as multiple consumer loan problems, family problems, etc. Some bar associations also provide nighttime consultation services. The JFBA supports the establishment and operation of legal counseling centers as part of its program to take measures against shortages of attorneys. As a result of these efforts on the part of the JFBA and local bar associations to provide services in line with community needs, a total of 308 legal counseling centers had been established around Japan as of March The JFBA continues to encourage the establishment of legal counseling centers and is also examining other programs to improve the quality of the legal counseling available, such as improving access to specialty consultations, and providing training on legal counseling for attorneys. Legal Expenses Insurance The JFBA opened the JFBA Legal Access Center in July 2000, which will introduce an appropriate attorney of a bar association to any insured who has purchased legal expenses insurance from an insurance company under an agreement with the JFBA, responding to each case when contact is made from the insurance company. Currently, the legal expenses insurance coverage in Japan is mainly aimed at covering legal fees relating to compensatory claims for damages in car accidents, but, in order to reinforce the accessibility to attorneys services for those in need, the JFBA has been considering the expansion of the scope of issues to be covered by such insurance and is hoping for the further growth and development of such insurance. ADR (Alternative Dispute Resolution) The JFBA believes that lawyers as experts in legal practice who are at the frontline of dispute resolution should proactively play central roles in Alternative Dispute Resolution (ADR), which is notable for its simplicity, promptness, and flexibility. Thus, including activities for the encouragement of establishing ADR in local bar associations, the JFBA conducts various approaches to expand trustworthy and easily accessible ADR for the public. At present, approximately 2/3 of the 52 local bar associations have established and operate ADR to handle general disputes. ADR related to housing disputes has been established and is operated by all local bar associations. In recent years, the number of local bar associations establishing ADR has been steadily increasing. Despite such increase, it cannot be said that ADR is well understood by the general public. Thus, one future issue is finding ways to conduct PR activities so as to increase the use of and improve recognition of ADR. 5 Efforts toward the Drastic Reform of Criminal Procedures Actual Interrogation Conditions in Japan The primary purpose of interrogation in Japan is to obtain confessions from suspects. Upon detention of suspects during the period until indictment following arrest (up to 20 days per suspect case), detention facilities (detention rooms in police stations) (Daiyo- Kangoku) are used as substitutes for penal institutions (detention centers) under the jurisdiction of the Ministry of Justice. It has become normal to use detention to acquire confessions. There is no end to the extraction of false confessions from suspects under duress because 26 JAPAN FEDERATION OF BAR ASSOCIATIONS

28 they are physically restrained in detention rooms in police stations, are interrogated in closed rooms where the attendance of lawyers is not permitted by police officers for hours on end and over long periods of time, and are exposed to assaults, threats, the dispensation of favors, and the like. These are the reasons for false charges occurring. In order to prevent false confessions arising from illegal and unreasonable interrogations being conducted by investigators, to achieve truly fair trials, and to eliminate false charges, the JFBA demands that the government undertake relevant measures for the video/audio recording of the entire process of interrogations, improvement of the detention and bail systems, realization of the principle of equality of arms including in terms of discovery, enhancement of the court-appointed defense counsel system, abolishment of Daiyo-Kangoku, and the establishment of an independent third party institution for ascertaining the causes of the occurrence of false charges. Video/Audio Recording of Interrogations by Police and Public Prosecutor s Office The Public Prosecutor s Office publicly announced that it would attempt to record suspect interrogations for cases involving the lay judge system in May 2006, and in April 2009, it formally commenced operations of the video/audio recording of parts of suspect interrogations. In April 2011, the number of cases and scope of recordings were expanded, and attempts for video/audio recording of interrogations of suspects with mental disabilities, etc., who had problems with communication abilities, commenced, regardless of the type of offense. The police also commenced attempts to conduct video/ audio recording of parts of suspect interrogations, following attempts by the Public Prosecutor s Office to do the same. The scope of video/audio recording for cases involving the lay judge system is to be expanded in April 2012, and in May, attempts to conduct video/ audio recording interrogations of mentally-disabled suspects are to be extended to include interrogations by police. The JFBA is demanding video/audio recording of the entire process of interrogations. This is because video/ audio recording of parts of interrogations does not preserve the appropriateness of the remaining parts of the interrogations that are not recorded and the situation surrounding the unrecorded portions remains unclear. There is a risk that this will give judges and lay judges the wrong impression of the interrogation process as a whole. As a result of the attempts mentioned above, it is now operationally possible to record the entire process of interrogations. Nevertheless, at present, a critical issue remains namely, it is the investigators who are able to select cases and scenes at their discretion and they record only a part of the interrogation processes. Currently, the Special Committee on the Criminal Justice System, created under the Legislative Council of the Ministry of Justice, is considering the reform of the criminal justice system in general, including the institutionalization of video/audio recording of interrogations,. Reform of the Detention/Bail System In Japan, detention of suspects is quite easily admitted, based on the fear of destruction of evidence, and there is no pre-indictment bail system. Even after indictment, bail is not easily granted; it is especially difficult to obtain bail in a case where there is a dispute over the facts. As a result there are many cases where suspects are forced to admit facts against their will. Thus, by being physically detained, suspects and defendants are denied their right to a defense. Criminal law academics have criticized the current situation of the Japanese criminal justice system with the aforementioned problems by calling it hostage justice. The JFBA has advocated the reform of such detention and bail system, suggesting the establishment of systems like bail before indictment as an alternative to pre-sentencing detention. Full Disclosure of Evidence Held by Public Prosecutors Although provisions for discovery regarding pretrial conference procedures and interim conference procedures exist under the Code of Criminal Procedure in Japan, the evidence that actually gets disclosed is limited. However, fundamentally, evidence created or JAPAN FEDERATION OF BAR ASSOCIATIONS 27

29 obtained making full use of coercive forces by investigative organizations through public funds should be fully disclosed to defendants. Therefore, the JFBA seeks disclosure of lists of evidence created or obtained by investigative organizations, as well as the prompt disclosure of all evidence requested on the defendant s side (excluding cases in which the court has exempted public prosecutors from the obligation of disclosure because the adverse effects thereof would significantly exceed the benefits). Review of the Penal System The Nagoya Prison Case in which Nagoya Prison officials abused an inmate to death and seriously injured another, using leather handcuffs, triggered comprehensive amendments to the Prison Law and the Act on Penal Detention Facilities and Treatment of Inmates and Detainees came into effect in June The reform created a system by which inmates can file complaints and the Penal Institution Visiting Committee, whose activities include improving the treatment of inmates based on hearing the voices and opinions of such inmates. As well as reviewing the activities of such Committee in order to expand the scope of such activities, the JFBA is urging a further reform of the system, including the reform of the healthcare system within penal institutions, reexamining the limitations placed on the communication of inmates with the outside world, and promoting the proper application of disciplinary punishments for inmates. Suspension of Executions Japan has the death penalty. At the 54th Human Rights Protection Conference in 2011, the JFBA adopted a Declaration Calling for the Establishment of Measures for the Rehabilitation of Convicted Persons and a Cross- Society Discussion on the Abolition of the Death Penalty, requesting that the State, regarding executions, (which completely remove the possibility of prisoners being rehabilitated after their reformation) should immediately commence cross-society discussions on the abolition of executions and that executions should be suspended while the issue is being discussed. The JFBA has also been striving to improve the treatment of death row inmates and supporting their appeals for retrial. Support for Victims of Crime Local bar associations offer victim consultation services in order to expand the legal assistance available to victims of crime. They also train attorneys specialized in victim assistance. In addition, a system that enables victims of crime to participate in criminal procedures, as well as a court-appointed attorney system for victims of crime, were newly established, thus the supporting framework has taken shape. The JFBA has been operating a system, in which consistent legal support is provided to victims from immediately after the occurrence of the crimes. This is not currently covered by such court-appointed attorney system above, and the JFBA has been requesting the State to provide support for such activities. Public Attendant System for Juvenile Cases In juvenile hearing proceedings, the juvenile and guardian may elect to appoint an attendant. The JFBA has been focusing its efforts on enhancing the activities by attorney attendants. Currently, a discretionary courtappointed attorney system exists; however, it is limited to certain serious cases, and the appointment is left to the discretion of the court. In particular, since the expansion of the scope of cases covered by the courtappointed attorney system for criminal suspects, problems have occurred in juvenile cases wherein, even if an attorney has been appointed for a suspected juvenile, none may be appointed after the case actually reaches the hearing proceedings. Therefore, the JFBA has established a fund to offer attendant services for juvenile probation cases at the family court, and commissioned the Japan Legal Support Center to provide this service. The JFBA has been requesting the application of the Public Attendant System to be expanded to all cases in which juveniles are detained in juvenile classification homes. 28 JAPAN FEDERATION OF BAR ASSOCIATIONS

30 6 Activities Related to the Practice of Law Legal Practice Reforms With the notable increase in the number of attorneys resulting from the judicial reform process, the JFBA, strongly feeling the need to expand, strengthen, and reform the practice of law, has embarked on a program to research, study, and review legal practice in order to envisage an ideal model for the 21st century and to draft and actualize proposals for new systems. Reinforcement of the rule of law, which is the objective of the judicial reform, requires improved access to the judicial system, which cannot be attained simply by increasing the number of attorneys. In order for the rule of law to penetrate into every corner of society, we need a system under which attorneys can work in every region, field, and organization so that people may have contact with attorneys more smoothly. The JFBA has been conducting research and studies, and has implemented various material matters on legal practice reforms, including the commencement of services of providing attorney-related information, such as the Himawari Search (a system that allows webbased searches for attorneys by fields of law), the improvement of training systems (training programs downloadable via the Internet, etc.), the enhancement of the number of in-house attorneys into corporations or governmental bodies, the verification of the appropriate manner of determining the remuneration system of court-appointed defense attorneys, the review of the quality of the legal profession, and research into the economic bases of legal practice, to name but a few. In the wake of the significant increase in the number of attorneys resulting from the judicial system reforms, the JFBA has also begun to investigate programs to strengthen legal specialties and to enable the expansion of law into new fields. In addition, the JFBA is actively identifying new demands for legal services in areas such as legislation, government administration, corporations, and others. For example, the JFBA has been actively engaged in research about proposing legislative issues on its own initiative and has been deeply involved in the legislative process. It also has conducted various activities, including the establishment of legal counseling services by attorneys to small and mediumsized companies, named Himawari Hot Dial, through which such companies can make reservations for legal counseling, and has cooperated with organizations such as the Small and Medium Enterprise Agency, small and medium-sized companies support organizations and other related associations. Young Professional Assistance The JFBA engages in support activities to improve the quality of legal professionals and to enhance operational assistance for young lawyers. Such support activities include the formation of career plans for legal apprentices and young lawyers, the promotion of recruitment for corporations, governmental and public offices, and local governments as part of such career plan formation, assistance for entering law offices in order to preserve on-the-job training opportunities for new lawyers, and a tutoring system for those lawyers who have commenced their own practices either simultaneously with or at an early stage following their registration as lawyers. 7 Promotion of Appointment of Attorneys as Judges Appointment of attorneys as judges refers to the appointment of a person as a judge who has experience as an attorney. In most cases, Japanese judges are appointed as assistant judges immediately after completion of their legal apprentice training, and directly become a judge 10 years later. However, the need for each prospective judge to acquire a rich and wide variety of knowledge and experience as a legal professional, and the need for diversification of the resources of judges have been strongly recognized. In particular, promotion of the appointment of attorneys as judges has been urged. Therefore, the Supreme Court and the JFBA established a new system for the appointment of attorneys as judges in 2002, and have collaborated in the promotion of the system. By April 2012, 66 attorneys had been appointed as judges through this new system, which launched in 2002, and out of such attorneys 52 were actively working JAPAN FEDERATION OF BAR ASSOCIATIONS 29

31 as judges as of April 1, In addition, a system where an attorney acts as a conciliator once a week for civil and family affairs conciliation commenced in 2003, and 308 attorneys had been appointed up until April As of April 1, 2012, 110 attorneys were engaged in this role. The appointment of even more attorneys in these roles is highly anticipated. 8 Activities to Improve the Legal System Since its inception, the JFBA has conducted research and studies on a wide range of legal systems. It has also formulated opinions and issued recommendations in order for the government to take necessary measures to improve legal systems, including civil law, criminal law, procedural law, civil execution law, bankruptcy law, arbitration law, detention law, administrative law, antimonopoly law, and labor law. The Legislative Council of the Ministry of Justice has been deliberating on amendments to the Civil Code (Part III Claims) and the Companies Act, and in this regard the JFBA has also been conducting research and studies on related issues and making recommendations to the government. In recent years, JFBA activities have resulted in amendments to the Administrative Procedure Code; namely, the establishment of a court-appointed attorney system for suspects, the Saiban-in (lay judge) system, the labor tribunal system, and the part-time judge system; amendments to the Moneylending Control Law; amendments to the Act on Support for Reconstructing Livelihoods of Disaster Victims; and the establishment of the Consumer Affairs Agency, which comprehensively promotes consumer protection issues. The research and study of legal systems are ordinarily undertaken by committees comprised of members with a high degree of interest and expertise in the areas concerned. 9 Training Programs The JFBA is enhancing training programs for attorneys in order to maintain and strengthen public confidence in attorneys, and to adequately respond to the public s legal needs. Specific training programs are mentioned below. Ethical Training All attorneys are required to participate in ethical training courses in their first year after registration, and every stipulated period thereafter. Training for Newly-Registered Attorneys The courses cover issues such as the proper frame of mind for beginning attorneys, the role of the legal profession in our society, and guidance on the principles of self-governance of bar associations. The JFBA also provides for individual training courses on legal practice. Training to Improve Practical Skills 1) Summer training: Courses are conducted in nine blocks (eight mainland blocks and Okinawa) and last for about two days during the summer. Courses which suit the actual requirements of each block are also conducted. Topics of these courses include not only amendments to the law or enforcement of new laws but also practical know-how to enhance the skills of attorneys. 2) Special training: Training is held in Tokyo and is offered by way of live broadcast from Tokyo to each local bar association and their branches. The JFBA offers approximately 35 courses each year, to a large number of member attorneys per course throughout Japan. After the live satellite broadcast, the lectures may be viewed via e-learning system on a JFBA members-only website. 3) E-learning: Starting from March 2008, lectures that would be directly helpful in practice areas have been delivered on the internet. E-learning programs can be provided wherever or whenever convenient for JFBA members, as long as they have access to the internet. 30 JAPAN FEDERATION OF BAR ASSOCIATIONS

32 10 Approaches for Realization of Gender Equality The JFBA adopted a resolution aiming at judicial reform integrating gender perspectives at the JFBA General Meeting in The JFBA, considering the delay of implementation of such resolution, established the Basic Framework for Gender-Equality in the JFBA in 2007, which is now the basis for gender equality policies within the JFBA. Following this, a resolution aiming at implementation of gender equality in the JFBA was adopted at the General Meeting of the same year. The Center for Gender Equality Promotion was established, being headed by the President of the JFBA. In 2008, the Basic Plan for Promotion of Gender-Equality was announced, as the 1 st 5-year plan to promote gender equality.. The JFBA in engaged in promoting gender equality within the Federation itself, in addition to within regional federations and local bar association and it actively tackles gender problems existing in the judicial field. However, among the current total of 32,133 lawyers, there are only 5,606 female lawyers, accounting for 17.4% of the total number. Moreover, female lawyers among the JFBA President, Vice Presidents and Governors currently account for only 8% (as of April 2012). Concrete measures must be continuously taken in all fields even within the JFBA. The Basic Plan for Promotion of Gender-Equality will reach its final year (the 5th year) in The outcomes of and problems relating to this first Plan will be investigated and this investigation will enable the establishment of a second Plan. 11 International Activities International Human Rights Activities The JFBA engages in the research and study of international human rights treaties and other international human rights standards and endeavors to improve the human rights situation within Japan. Specific activities of the JFBA in this field include the submission of NGO reports relating to the UPR (Universal Periodic Review) of Japan to the Office of the UN High Commissioner for Human Rights and alternative reports to respective treaty bodies of the international human rights treaties that Japan has ratified (e.g. the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social, and Cultural Rights, the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child). In addition, the JFBA maintains a page of international activities and international human rights issues on its web site and endeavors to enhance domestic understanding and awareness of international human rights issues. Furthermore, the JFBA has been accredited with NGO consultative status by the UN Economic and Social Council and has attended sessions of UN meetings including the UN Human Rights Council in this capacity. International Exchange Activities The JFBA is a member of four international organizations, the IBA (International Bar Association), LAWASIA (the Law Association for Asia and the Pacific), the ICB (International Criminal Bar) and the ILAC (International Legal Assistance Consortium). The JFBA also operates an information center that provides information for POLA (Presidents of Law Associations in Asia) member organizations. The JFBA has signed memorandums on strengthening legal exchange and friendly mutual cooperation with the Law Council of Australia, the Bar Association of the Kingdom of Cambodia, the Korean Bar Association, the American Bar Association, the All China Lawyers JAPAN FEDERATION OF BAR ASSOCIATIONS 31

33 Association, and the German Federal Bar and the Paris Bar, and thereby deepened relationships with legal organizations overseas. The JFBA receives visits from legal organizations around the world for the purposes of research, study and tours, and also sends its own missions to interact and exchange information with bar associations in other regions. International Cooperation The JFBA began to be active in international cooperation in 1995 and has sent lecturers to seminars held by various organizations in Japan that invite trainees from overseas and also dispatches attorneys to countries such as Vietnam, Cambodia, Mongolia, Laos, and Indonesia, China and Nepal, as JICA (Japan International Cooperation Agency) experts. In 2001 the JFBA applied to be a partner association with the JICA and provided assistance for the establishment and operation of the Lawyers Training Center in Cambodia and for enhancements to the legal aid system in that country for a three-year period from September 2002 to August As for the Bar Association of the Kingdom of Cambodia, the JFBA provided a legal support project for three years from December 2007 to June 2010, commissioned by the JICA. In this support project, the JFBA provided technical legal assistance, such as assistance for the lawyers training center and the provision of continuous legal education programs for lawyers. Provision of Information Inside and Outside of Japan The JFBA has been actively providing information overseas regarding the human rights situation in Japan, the Japanese legal system, and our organization. In particular, the JFBA has launched its English and Chinese websites, publishes a JFBA English brochure, and provides English translations of important statements, opinions, and articles from the JFBA newspaper. The JFBA also occasionally releases English news on crucial issues. Furthermore, the JFBA has long argued that the government should take responsibility for laying an infrastructure for a translation project in order to internationalize the Japanese judicial system, and the government has now taken the initiative to translate Japanese laws. The JFBA has participated in the government project to lay the groundwork for moving ahead with these translations. In addition, for Japanese audiences, the JFBA website has the International Human Rights Library and the World Bar Associations Directory on bar associations/ law societies around the world. Furthermore, the JFBA provides information for attorneys who are interested in working in international fields. Overseas Visiting Fellow Program This program gives attorneys who engage in publicinterest activities the chance to study overseas. Agreements were made with New York University in 1997, the University of California, Berkeley in 1999, the University of Illinois in 2007, and the Human Rights Centre and School of Law at the University of Essex in 2011, regarding the taking in of attorneys recommended by the JFBA as visiting fellows or students in the LL.M. (Master of Law) program at law schools (Currently, the LL.M. course is available only at the University of Essex.) As of the end of 2011, 29 attorneys have studied overseas under this program, and after returning to Japan, they are actively engaged in public-interest activities utilizing their experiences. Assistance for International Development of Small and Medium Companies In order to assist with the widespread overseas business deployment of small and medium companies, mainly in Asian countries, and to respond to their needs for legal assistance, the JFBA has engaged in various activities in three fields, namely, the training of attorneys, collaboration with relevant groups within Japan, and cooperation with overseas bar associations. In particular, as a pressing issue, the JFBA is proceeding with the implementation of a lawyer introduction system in collaboration with local bar associations. Such system is intended to introduce lawyers, that satisfy certain eligibility requirements, to small and medium companies for which legal support by lawyers is deemed necessary, and is done so via certain groups that provide support 32 JAPAN FEDERATION OF BAR ASSOCIATIONS

34 for small and medium companies. It is intended that the system will provide legal support within the prescribed operational scope for a set fee to such companies. The JFBA will attempt to consolidate international legal expertise, reinforce international exchange, and enhance training of its members in cooperation with overseas bar associations. At the same time, the JFBA is planning to perform specific support activities by giving seminars in collaboration with various groups that support small and medium companies, and through legal consultations. 12 Publications Jiyu to Seigi (Liberty & Justice) Jiyu to Seigi has been published by the JFBA since 1950 as a monthly journal and is provided to all its members and other legal professionals. It is also available for purchase by non-members. The Journal focuses on practical issues in the legal profession. JFBA Web Site The JFBA web site provides information about the JFBA, its views and events, its regulations and publications, the international human rights library, and legal counseling services for foreign nationals offered by local bar associations. Press Conferences The JFBA holds a regular press conference every week, as well as informal sessions with the mass media from time to time, to exchange opinions on the JFBA s activities and current issues. Other Publications The JFBA publishes a White Paper on Attorneys containing statistical information, as well as books and collections of scholarly papers highlighting the outcomes of its research activities. Educational Tours The JFBA offers educational tours of its facilities as a part of its law-related education campaign and as a way to disseminate information about the services offered by attorneys and the judicial system. Jiyu to seigi Nichibenren Shimbun (The JFBA Newspaper) The JFBA began publishing its monthly newspaper in The Nichibenren Shimbun informs members of information, including with regard to JFBA activities and upcoming events. It is distributed to all members and to other legal professionals. Non-members may also purchase this paper. JAPAN FEDERATION OF BAR ASSOCIATIONS 33