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JAPANFEDERATION

OF BARASSOCIATIONS

日本弁護士連合会

JAPANFEDERATION

OF BARASSOCIATIONS


JAPAN FEDERATION OF BAR ASSOCIATIONS 1

Susumu Murakoshi (President, Japan Federation of Bar Associations)

Attorneys in Japan and the Japan Federation of Bar Associations (“JFBA”) have some characteristics from a global perspective.

First of all, we put great value in protecting human rights. The Attorney Act in Japan stipulates that an attorney is entrusted with the mission of “protecting fundamental human rights and achieving social justice.” It is stipulated in the JFBA Articles of Association that “this Federation shall be the source of protection of fundamental human rights and the realization of social justice.” The JFBA and its member attorneys are engaged in a wide range of activities protecting human rights and promoting the public interest, spending considerable amounts of time, effort, and financial resources. Further, it is not uncommon for the JFBA, from this position, to make proposals for, and provide a critique of the legislative activities in the Diet and government policies.

A Second characteristic of the JFBA is that the participation in the organization is compulsory for all attorneys. All Attorneys practicing in Japan (35,113 attorneys as of April 1, 2014) must register with the JFBA. Foreign lawyers practicing in Japan also must register with the JFBA as a foreign special member of the JFBA. The JFBA is comprised of a number of members whose ideologies, religions, and political stances are varied, and this diversity provides a wide range of activities with a balanced attitude, giving the organization a great strength. At the same time, it requires its members to hold discussions and reach agreements in a democratic manner.

Another characteristic of the JFBA is its broad range of self-governance. The JFBA maintains a high level of self-governance, with no supervision from any state institution. This high level of self-governance was achieved after WWII through the great efforts of attorneys at the time out of their regret of a bitter past during which attorneys were under the control of state institution, and attorneys’ activities for protecting human rights and promoting social justice were restricted. We make it our highest goal to firmly maintain this self-governance in order to guarantee the independence of attorneys’ practice from any authority. The JFBA routinely guides and supervises bar associations and attorneys based on its autonomy.

Lastly, I would like to mention that the relationship with the United Nations (the “UN”) as well as with the international community is another aspect that characterizes the JFBA. The JFBA has been granted consultative status as an NGO at the United Nations Economic and Social Council. With this status, the JFBA has been participating in various international conferences and meetings convened by the UN, and submitting reports and recommendations, mainly on the situations surrounding human rights issues in Japan, either orally or in writing. Although it is still not sufficient, the JFBA has been endeavoring to strengthen its international activities and the involvement of its members with these activities.

The Constitution of Japan renounces war in Article 9 and sets permanent pacifism as a fundamental principle. The JFBA strives to make the twenty-first century a century of peace and human rights in accordance with the Constitution of Japan. We are determined to take steps towards these goals, hand in hand with attorneys, associations of attorneys, and a wide diversity of people from around the world.

Susumu Murakoshi

Message from the PresidentMessage from the President

2 JAPAN FEDERATION OF BAR ASSOCIATIONS

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.

TIntroduction Introduction

Sapporo

Hakodate

Aomori

Akita

YamagataNiigata

Asahikawa

Kushiro

Iwate

Sendai

Fukushima

Tochigi-Prefecture

Ibaraki

Chiba

Tokyo / Dai-ichi Tokyo / Daini TokyoYokohama

Yamanashi

Shizuoka

Gunma

Saitama

ShigaGifu-Prefecture

Nagano-Prefecture

Toyama-Ken

Kanazawa

Fukui

AichiMie

NaraWakayama

Tokushima

Kyoto

Tottori

Shimane

Okayama Hyogo-KenOsaka

Kagawa

Ehime

Kochi

OitaKumamoto

Miyazaki

Kagoshima

HiroshimaYamaguchi

Fukuoka

Saga

Nagasaki

Okinawa


Message from the President

Introduction

Ⅰ. Profile of the JFBA 1. History 2. Membership 3. JFBA Finances 4. Organization 5. Relationship between the JFBA and Local Bar Associations

Ⅱ. The Japanese Attorney System 1. How Attorneys Function in Japan 2. Attorney Qualifications 3. Qualifications for Foreign Special Members (Gaikokuho-Jimu-Bengoshi) 4. Self-Governance

Ⅲ. The Japanese Judicial System 1. The Japanese Judicial System 2. Judicial Proceedings 3. Professional Legal Training and Education System 4. Legal Aid System in Japan 5. Justice System Reform and the JFBA

Ⅳ. Activities of the JFBA 1. Protection of Human Rights 2. Disaster Reconstruction Assistance 3. Law-Related Education 4. Efforts to Improve Access to Justice 5. Efforts toward the Drastic Reform of Criminal Procedures 6. Activities Related to the Practice of Law 7. Promotion of Appointment of Attorneys as Judges or Prosecutors 8. Activities to Improve the Legal System 9. Training Programs10. Approaches for Realization of Gender Equality11. International Activities12. Publications

1

2

4456

7

88

99

1212

151617

18192121

2426

292929

303133

52 Bar Associations*Contact details of the bar associations are available on the JFBA website. www.nichibenren.or.jp/en/

Sapporo

Hakodate

Aomori

Akita

YamagataNiigata

Asahikawa

Kushiro

Iwate

Sendai

Fukushima

Tochigi-Prefecture

Ibaraki

Chiba

Tokyo / Dai-ichi Tokyo / Daini TokyoYokohama

Yamanashi

Shizuoka

Gunma

Saitama

ShigaGifu-Prefecture

Nagano-Prefecture

Toyama-Ken

Kanazawa

Fukui

AichiMie

NaraWakayama

Tokushima

Kyoto

Tottori

Shimane

Okayama Hyogo-KenOsaka

Kagawa

Ehime

Kochi

OitaKumamoto

Miyazaki

Kagoshima

HiroshimaYamaguchi

Fukuoka

Saga

Nagasaki

Okinawa


The attorney system in Japan began with Daigen-nin stipulated in the “Judicial Professional Duty System (Shiho Shokumu Teisei)” enacted in 1872. At a later date, the “Attorney Rules (Daigen-nin Kisoku)” were enacted in 1876, in which the status and authority of Daigen-nin were stipulated. It is stated in the Attorney Rules that Daigen-nin 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 general legal work, and no longer restricted them to representation activities in courts. Even under the amended law, however, 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, which is an autonomous body, and local bar associations. It newly defined the mission of attorneys as being the protection of fundamental human rights and the realization of social justice. These concepts of self-regulation, protection of fundamental human rights, and achievement of social justice continue to be the core values of attorneys.

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 are required to be admitted to 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 AssociationsJapan 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 and legal professional corporations as their members, and are also comprised of registered foreign lawyers as foreign special members.

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.

1 History 2 Membership

Ⅰ . Profile of the JFBAⅠ . Profile of the JFBA

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MemberFemale Member

Foreign Special Member

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Number of SucceesfulBar Examination ApplicantsFemale


Legal Professional CorporationsIn April 2002, the legal professional corporations system was implemented, and such system allowed law offices, which had been operated by individual attorneys, to become 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 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 enacted in 1987.

In addition, the JFBA also has, for historical reasons, a small number of members categorized as “special member” for those who provide similar legal services as attorneys in specific geographical areas.

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 and registration fees from its members, and other sources. No external constraints are imposed on how the JFBA uses its funds; however, the JFBA adopts a system that maintains transparency. The JFBA has an annual budget of approximately ￥7.5 billion (FY 2013), 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 ￥5.1 billion (FY 2013)). The JFBA is currently collecting an additional special monthly fee of ￥5,000 per attorney for FY 2014 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.

3 JFBA Finances


4 Organization

Members

Local Bar Associations (52)AttorneysLegal Professional CorporationsQuasi-MembersOkinawa Special MembersForeign Special Members Registered Foreign Lawyers (Gaikokuho-Jimu-Bengoshi)

LegislativeBodies

General MeetingThe 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.

House of Delegates Deliberates mainly on the selection of Vice Presidents, Governors, and Auditors.

Board of Executive Governors Deliberates mainly on issues related to rules and regulations of local bar associations.

Board of Governors Deliberates mainly on issues related to JFBA regulations, agendas of the General Meeting, and JFBA opinion papers, etc.

Executives

President (1) Directly elected by all attorney members, 2-year term.Vice Presidents (13) 1-year termGovernors (71) 1-year termExecutive Governors (39) Elected by the Governors from among themselves, 1-year term.Auditors (5) 1-year term

CommitteesStatutory Committees (7) Established by the Attorney Act and the Act on Special Measures

concerning the Handling of Legal Services by Foreign Lawyers.Standing Committees (5) Established by the Articles of Association of the JFBA.Special Committees (over 70)

Secretariat

Secretary General (1)Deputy Secretary Generals (6)Research Office Conducts research on judicial issues

Public Information Office Publicizes the JFBA’s activities, including providing information to the media and operation of the JFBA website.

Office of International Affairs Serves as a liaison for international activities of the JFBA.

Research Office for Judicial Reform Conducts research and studies on judicial reforms and makes related materials.

Office for Legal EducationCollects 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.

Office for Human Rights Protection Provides support for the JFBA Human Rights Protection Committee in its human rights relief activities.

Office on Information and StatisticsCollects, analyzes, maintains, and provides information on activities of the JBFA/local bar associations and the judical system, and editsand publishes the White Paper on Attorneys.

Office of Continuing Legal Education and Legal Practice

Plans training programs for attorneys, researches, studies, and provides information on practice areas of attorneys.

Office on Legislative Issues Researches and studies legislative issues and supports in making JFBA recommendations on the issues.

Office on Japan Legal SupportCenter

Researches and studies issues related to the Japan Legal Support Center (JLSC) to establish JFBA policies for improving the JLSC.

Secretariat Staff 17 divisions


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, primarily, guide, liaise with, and supervise their members, and that the JFBA will secondarily and supplementarily 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 in the Attorney Act 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.

5 Relationship between the JFBA and Local Bar Associations


(1) The Mission of AttorneysThe 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 gold-colored sunflower is to be provided; the sunflower symbolizes justice and liberty, while the scale symbolizes fairness and equality.

(2) Broadening the Scope of ActivitiesIn line with the times, there has been a substantial broadening in the scope of activities open to attorneys, and accordingly, attorneys have an obligation to establish and thoroughly implement the rule of law in all facets of society.Further, 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 legislation as public servants with limited terms, which opens up new avenues

for their activities - with 120 attorneys providing services at various venues as of the end of June 2013. 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.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 66 in 2001, however, such number had increased to 965 by the end of June 2013.

(3) Forms of Legal PracticeAs of March 3013, approximately 60% of all law firms are comprised of one practitioner, but an increase in the number of joint or combined firms involving several attorneys has been seen mainly in urban areas, and more than 70% of all attorneys in Japan now belong to such joint firms having more than one attorney. Moreover, the number of large law firms with 300 or more attorneys has reached four, clearly indicating the increasing trend toward such joint firms.

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 III-3, “Professional Legal Training and Education”). Under the old system, anyone could take the bar examination, but this system ended in 2010. 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 (in the case of it being difficult for candidates to go to law school due to financial difficulties, etc.). As special exceptions, candidates with practical experience in the law, as

1 How Attorneys Function in Japan

2 Attorney Qualifications

Ⅱ . The Japanese Attorney SystemⅡ . The Japanese Attorney System


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 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” (gaikokuho-jimu-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-jimu-bengoshi 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.

(1) Self-Governance of AttorneysThe 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.

3 Qualifications for Foreign Special Members (Gaikokuho-Jimu-Bengoshi)

4 Self-Governance


(2) Code of EthicsIn November 2004 the JFBA replaced its “Code of Ethics” (a non-binding resolution issued by the General Meeting of the JFBA) with the new “Basic Rules on the Duties of Practicing Attorneys” (a formal rule, binding upon members). These rules took effect in April 2005. 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.In addition, the JFBA instituted (i) Rules Concerning Attorneys’ Fees and (ii) Rules on the Management of Deposited Funds, in order to streamline disciplinary measures concerning the relationship between clients and attorneys.

(3) Disciplinary Action against AttorneysWhile 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, and are opposed to such 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, and the bar association has its Disciplinary Actions Committee conduct an investigation into the case. 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 journal, Jiyu to Seigi (Liberty & Justice) and the official gazette.


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, as well as koso appeals against a final judgment of the first instance of civil cases rendered by summary courts. 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, and certain other cases. 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, six lay judges randomly chosen from among the citizenry serve, for each case, alongside three professional judges in examining cases involving certain serious crimes at district courts, with such lay judges holding the same authority as that of the professional judges involved. 4) The high courts mainly handle appeals (koso appeals, i.e. appeals filed against a final judgment rendered by a lower court (a district court, a family court, a summary court, or first instance of a criminal case) 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 and family courts. 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.

(1) 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. Regarding “individual labor disputes” between an employer and an employee, 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

1 The Japanese Judicial System

2 Judicial Proceedings

Ⅲ . The Japanese Judicial SystemⅢ . The Japanese Judicial System


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.

(2) Family Affairs CasesAs their name suggests, family affairs cases are disputes involving the family, for example marriage annulments/cancellation and divorces, custody over children, inheritance, and adult guardianship. 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 judge or an attorney as a conciliation 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.

(3) Criminal Cases Criminal ProcedureC r i m i n a l p r o c e d u r e b e g i n s w i t h t h e acknowledgement of the crime, and it proceeds to investigation by the police and the prosecutor, and then to the trial.When a possible suspect is arrested, he or she may be detained subsequently if necessary, and a period of thirteen days (maximum twenty-three days if an extension of up to ten days is permitted) is allowed for arrest and detention before an indictment, and there is no pre-indictment bail system.

Filing of a lawsuit

Service of summons and complaint sent to defendant

Argument submission of pleading,production of documentary evidence

examination of witnesses,verifications, expert opinion, etc.

settlement procedure

Litigation in the 1st instance (district court or summary court)

settlement session

settlementExamination ofevidence

Judgment

If dissatisfied

Appeal to a high court or a district court within two weeks (koso)

Appeal to the Supreme Court or a high court ( jokoku)and claim for acceptance of jokoku

Appellate proceduresDismissalReversal and rendering new judgmentReversal and remand

Judical procedures in civil cases


The right of the accused to have the assistance of competent counsel is guaranteed in the Constitution. (Art. 37, clause 3). A court-appointed attorney is assigned to suspects who are detained and are required to have counsel in attendance at the public trial but are unable to seek counsel due to poverty or for other reasons. Previously in Japan, court-appointed attorneys had been assigned for defendants only after indictment. However, since October 2006, as part of the judicial reforms, court-appointed attorneys are to be assigned prior to indictment for suspects of certain serious crimes who are detained. The scope of this court-appointed attorney system was expanded further after May 2009 to include all suspects who are required to have counsel in attendance at the public trial. The JFBA has long advocated for a court-appointed attorney system for suspects, and this has been partially achieved. Public prosecutors have the authority to prosecute the suspects.During trials, the main focus is on the examination of evidence. Procedures to arrange evidence and points of dispute may be held prior to trial or between trials. Certain consideration is being made for the victims of crime, and victims of certain serious crimes can, depending on the court decision, attend hearings of the criminal trial, state their opinion, and interrogate the accused and witnesses, either on their own or with the support from an attorney of their own. For further information on problems in the criminal justice system and the JFBA's efforts toward the drastic reform of criminal procedures, please see IV-5 below.

Saiban-in (Lay Judge) SystemUnder the Saiban-in (lay judge) system, six lay judges who are chosen from the general public, serve alongside three professional judges in examining cases involving certain serious crimes (such as (i) any crime which is punishable by the death penalty, indefinite penal servitude or imprisonment; or (ii) an intentional criminal act causing the death of a victim which is subject to be an examination by a panel of judges). The JFBA advocated for public participation in the judicial

system and the Saiban-in (lay judge) system was introduced in May 2009 as part of public participation in the judicial system.Lay judges participate in the hearing in the criminal trial with the same authority as judges, conduct a public investigation of the evidence, and determine guilt and sentencing. 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 system in that citizens participate in trials alongside professional judges.It is believed that the lay judge system will actualize the principles of direct participation and of oral testimony in trials through things such as intensive court hearings convened every day, examination of the evidence in a way that is easy to understand with the focus on the testimony presented in court, the discussion in which lay judges participate, etc.It is regarded that the lay judge system has run smoothly in general since the system has been established. However, the JFBA made a proposal to improve the system, based on a review of its operation as to how the criminal procedure and defense should function in the lay judge system, and the JFBA has engaged in activities to improve the defense technique of the attorneys in the lay judge system.

RetrialThe defendant has the right to file for a “retrial” after a guilty verdict has been finalized if new evidence is found, based on which a determination of innocence may be made.

(4) Juvenile CasesJuvenile 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 self-reliance 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 juvenile.

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, bringing about a total of 74 law schools.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 Qualifiations”). In law schools, more than 1,400 attorneys are engaged in legal training as practitioner teaching staff. The JFBA established the Committee on Law

3 Professional Legal Training and Education System

Occurrence of crime

Commencement of investigation

Compulsory investigation Voluntary investigation(including interrogations without detention)

Suspect informed of right to legal counselNo more than 72 hours

Detention at a detention center or a police station cellIn principle 10 days, maximum 20 days

Arrest

Detention

Case processed by public prosecutors

Referral to family court(Cases involving minors under the age of 20)

*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.

Indictment

Opening proceedings

Examination of evidence

Closing argument

Appeal to high courtIf dissatisfied

If dissatisfied*Appeals must be filed within two weeks.

Appeal to the Supreme Court ( jokoku)

Charges dropped

Judgment

Litigation in the 1st instance (district court)

Procedures in criminal cases


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 system for judicial apprentices was replaced with a loan system from November 1, 2011. The JFBA has been conducting various activities in its efforts to achieve the re-revision of the Court Act and to improve financial support, including by reviving the salary (allowance payment) system for judicial apprentices 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.

(1) Access to Justice and Establishment of the Japan Legal Support Center (“Ho-terasu”)The “Japan Legal Support Center” (known as “Ho-terasu”) was established in 2004 and commenced its services in October of 2006 in order to expand access to legal services for the public, which is one of the main pillars of the judicial reform. The Center was established as a corporate body which corresponds to an incorporated administrative agency. The Center is engaged in various activities to expand access to legal services, mainly focusing on legal aid for civil and criminal cases.

Prior to the establishment of the Japan Legal Support Center, civil legal aid services were provided by the Japan Legal Aid Association established under an initiative of the JFBA with subsidies from the government, and court-appointed defense attorneys and public attendants were 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. The Japan Legal Support Center, which was established by the government, has five primary areas of activity regulated under Article 30 of the Comprehensive Legal Support Act (providing information, civil legal aid, operations associated with the public criminal defense system, operations to address shortage of accessibility to Justice in local regions, and assistance to victims of crime) as its framework, and the Center conducts various operations in order to satisfy citizens’ diverse legal needs. Moreover, in addition to the primary areas of activity mentioned above, 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) in accordance with Article 30 paragraph 2 of the Comprehensive Legal Support Act.The JFBA supports the legal aid services of the Japan Legal Support Center through securing attorneys who engage in the services listed below and through various working-level discussions regarding the service standards of the Center under an agreement with the Japan Legal Support Center.

(2) Civil Legal Aid SystemThe Japan Legal Support Center offers support to citizens with limited financial resources through free legal counseling (“legal consultation assistance”) and loans for attorneys’ fees (“attorneys’ remuneration and litigation costs”) for legal representation in civil trials (including domestic and administrative cases) (representation assistance), and loans for attorneys’ fees for preparation of documents to be submitted to the court (document preparation assistance). Foreign nationals may use

4 Legal Aid System in Japan


the civil legal aid system if they lawfully reside in Japan and their domiciles are in Japan.

(3) Court-appointed Defense Attorney/ Public Attendant・Suspects/DefendantsA court will appoint a defense attorney 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 cases where is an indictment and a public trial is scheduled, a defense attorneys will be appointed by the court in all cases upon request by a defendant. In principle, the entire sum of remuneration and expenses for the court-appointed defense attorney 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 resident status.

・JuvenilesFor 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 who is in custody, the court may, at its discretion, appoint a publicly-funded attorney attendant. If the court orders the public prosecutor to appear before the court, a public attendant must be appointed for all juveniles. Remuneration and expenses for them are also calculated and paid by the Japan Legal Support Center. A bill to partially amend the Juveniles Act was passed into law on April 11, 2014. Accordingly, the scope of juvenile cases covered by the publicly-funded attorney attendant system will be expanded to the same extent as the scope covered by the court-appointed attorney system for suspects at present, which includes suspects facing servitude or imprisonment for over three years (cases of minor offense including assault and theft). (Please refer to IV. 5, Public Attendanct System for Juvenile Cases)

(4) Victims of CrimeTravel expense and per-diem allowance will be paid through the Japan Legal Support Center to victims who participate in criminal trials through the victim participation system. Further, for victims with limited financial resources, the court will appoint an attorney upon request to support the victim's participation in the criminal trial (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.

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 2001. T h e r e f o r m s a r t i c u l a t e d i n t h e s a i d 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, increasing the number of legal professionals who support people's lives, and advancing participation of citizens in justice, in order to establish a public 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.

5 Justice System Reform and the JFBA


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 conducts study and research into human rights issues, and also provides specific individual relief services when requests are received from the general public.

(1) 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.

(2) Support for RetrialsAnother important activity of the Human Rights Protection Committee is the provision of relief to people who have been wrongly found guilty through faulty or mismanaged court proceedings. When an appeal for retrial support is made and the necessity for such support is approved, after reaching a resolution at the Council Meeting that the JFBA is to support a retrial, a Retrial Committee is established, The Retrial Committee then provides support for the cases which have been deemed worthy of support, free of charge, and has to date proven innocence in more than a dozen retrial, and is supporting 10 cases in 2014.

(3) Study and Research ActivitiesThe Human Rights Protection Committee categorizes human rights issues into seven areas and conducts study and research in each area as set forth below, and issues opinion papers when necessary: 1) support for retrial requests, 2) human rights violations by investigative institutions, 3) human rights of detainees in criminal cases, 4) human rights issues in relation to medical services, 5) human rights issues in relation to mental freedom, namely, freedom of expression and freedom of thought and conscience, 6) human rights of foreigners and 7) human rights issues concerning social security.

(4) Activities of the JFBA Committees Concerning Human Rights ProtectionThrough the activities of the JFBA Committees regarding human rights protection, the JFBA has been conducting research and performing studies, 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: institutional reforms in order to protect the rights of persons with disabilities,

1 Protection of Human Rights

Ⅳ . Activities of the JFBAⅣ . Activities of the JFBA


such as amendments to domestic laws necessary for the ratification of the Convention on the Rights of Persons with Disabilities; legal amendments to reinforce controls on money lenders, and the establishment of an agency and a committee to comprehensively deal with consumer affairs issues.In relation to activities on human rights protection, the JFBA has been conducting various activities, 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, and the realization of 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) dealing with environmental issues such as preservation of the natural environment such as the prevention of global warming, and waste management and anti-pollution measures, as well as 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.

The JFBA, under peacetime conditions in preparation for disasters, has made disaster control measure manuals for the public, in which responses to legal issues at the time of disaster are summarized in Q&A format, and action manuals for local bar associations are prepared in order to support victims at the time of a disaster. The JFBA also conducts studies makes proposals on legislation regarding disaster control and the post-disaster reconstruction. Moreover, the JFBA established “regulations on assistance for post-disaster reconstruction by local bar associations nationwide” in 2003, in order to support the activities of local bar associations in disaster areas, and to defend the human rights of disaster victims in times of disaster. This is a measure made in response to the experience of the Great Hanshin Earthquake which occurred

in 1995. At the time of large-scale disasters, the JFBA establishes Headquarters for Emergency Disaster Control, by which the JFBA has engaged in activities to support the disaster area and its victims. Through this approach, for example, following the outbreak of foot-and-mouth disease (an infectious disease affecting domestic animals) in 2010, the JFBA has worked to improve the public assistance system for farmers who were affected by the epidemic, with the recognition that it is a form of disaster.

(1) Reconstruction Assistance for Victims of the Great East Japan EarthquakeMore than 15,000 people were killed in the Great East Japan Earthquake, which occurred on March 11, 2011, and reconstruction assistance is urgently needed especially in the coastal regions of the Tohoku area, which suffered significant damage. Besides, hundreds of thousands of people are still displaced due to the Tokyo Electric Power Company’s Fukushima No.1 nuclear power plant accident that followed after the earthquake, and its damage still continues.For the relief for these victims, the JFBA established its Headquarters for Emergency Disaster Control on the very day of March 11, 2011. Free face to face legal consultation and telephone legal counselling services were provided at the evacuation centers and provisional housing through the cooperation with local bar associations. More than 40,000 consultations were offered in 15 months after the earthquake. In order to respond to the real voices of the disaster victims, the JFBA has conducted an analysis of the information obtained through these legal consultations. Based on the analysis, the JFBA has proactively made proposals for legislation and policies to support the victims.The result of these proposals includes revision of the law to expand the scope of those who receive condolence money paid to the bereaved families who have lost their family members, and the stipulation of a special law to extend periods for due consideration for renunciation of inheritance. Besides, the JFBA positively cooperates in the efforts to utilize the knowledge and the know-how of the attorneys in local governments in the disaster

2 Disaster Reconstruction Assistance


areas.It became evident at the time of the Great East Japan Earthquake that there was not sufficient support for those who have difficulty in escaping, or ensuring their own safety, including the elderly and the disabled. Therefore, the JFBA formulated a guideline on handling the personal information of those who need support at the time of a disaster, and promoted the establishment of the framework for sharing information between local governments and support organizations on the whereabouts of those who need support, and how much support is needed for them, and this system is being institutionalized. Disaster victims whose housing was seriously damaged by the earthquake were obliged to build a new house, and take out new loans in addition to existing loans. They were also faced with a problem that they could not get a new loan from financial institutions. With regard to this, the JFBA has suggested assistance measures to the state so disaster victims will not get “unreasonable loans.” The JFBA has made a contribution when formulating the “Guidelines for Individual Debtor Out-of-Court Workouts,” and establishing a credit purchasing company for business owners.Moreover, in order to achieve real restoration of the disaster area, it is important that the disaster victims themselves take the initiative in the determination of reconstruction plans. Government bodies should make sure to create a system where the views and opinions of the disaster victims are reflected in the reconstructions plans. The JFBA believes in the importance of the role of attorneys in this process, as specialists who have knowledge about the legislation for reconstruction, and the JFBA continues to conduct research on the involvement of attorneys in the reconstruction and town development.

(2) Responses to Nuclear Power Plant AccidentTokyo Electric Power Company’s Fukushima No.1 nuclear power plant accident caused damage of an unprecedented scale in Japan, and relief for the victims is one of the most important tasks. Since the early stage, the JFBA has proposed the establishment of an ADR (alternative dispute resolution) institution, which offers relief and

resolution to the victims more quickly and easily than a lawsuit, and this proposal has led to the establishment of a public agency called the Nuclear Damage Compensation Dispute Resolution Center. In addition, the JFBA has cooperated on dispute resolution by nominating attorneys as mediators and examiners at the Center, and many attorneys are involved with the mediation and reconciliation process among all parties involved at present.Furthermore, the Government policy that designated an exclusion zone following the accident has led to an unreasonable gap in support for the disaster victims depending on the region. Therefore, the JFBA has urged members of the Diet to deal with the problem in cooperation with support organizations, and as a result, the Act on the Protection and Support for the Children and other Victims of the TEPCO Disaster was passed. It attempts to offer adequate support and relief efforts to all victims, regardless of whether they have evacuated outside the prefecture, or they have decided to stay inside the prefecture due to work or family situations.The Civil Law stipulates a statute of limitation of three years for the right to compensation for the damage caused by nuclear power plant accident. However, after the Fukushima No.1 nuclear power plant accident, many victims are still displaced, and they are still suffering from damage caused by the accident. Considering that it is difficult for many victims to put the whole picture together and to file a suit, the JFBA has worked energetically in its legislative activities to extend the statute of limitation. This materialized successfully in the passing of a special act to extend the statute of limitation for the rights to compensation up to ten years in December 2013.

(3) Future ApproachesThree years have passed since the Great East Japan Earthquake struck Japan. Reconstruction work is under way in the disaster-struck areas, and disaster victims have been working very hard to put their lives back in order. However, many problems still remain unresolved and it is difficult to say that reconstruction work has progressed smoothly.In particular, the victims of the nuclear power plant


accident suffer from serious human rights violations even today, being forced to live under restricted circumstances. Considering this, the JFBA will firmly maintain and renew its resolution to request that the Government retreat from nuclear power in its energy policy and actively introduce renewable sources of energy. The JFBA will continue its effort to restore the human rights of each and every disaster victim, with the belief that advocating human rights at the time of a disaster aims to achieve “restoration of humanity”.

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 law-related 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.

Duty Attorney (Toban Bengoshi) SystemIn the Duty Attorney System, 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.This system was established by bar associations back when there was no governmental system for defending suspects before indictment.The first consultation with a duty attorney is basically free of charge, and the interpretation fee is likewise free. 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.

Legal Aid Service that Has Been Entrusted to the Japan Legal Support Center (“Houterasu”)The JFBA provides funds for cases which have not been covered by publicly-funded legal aid but 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

3 Law-Related Education

4 Efforts to Improve Access to Justice


the Japan Legal Support Center. The JFBA’s annual project expenses for 2013 totaled approximately 2.06 billion yen (the project plan for 2013). 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 cases that are out of the scope of civil legal aid system, including those who have no 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. (Please refer to the section III 4 for Legal Aid System in Japan)Since employment insecurity and the expansion of poverty have now become serious issues to be overcome throughout society, it is an urgent matter to further expand civil legal aid as a safety net for the public. The JFBA will continue its efforts to increase the budget for civil legal aid and expand the scope of cases where legal aid is granted. At the same time, the JFBA has advocated that costs for activities that are in the scope of legal aid services mentioned above should be covered by public funding as part of services offered by the Japan Legal Support Center.

Establishment and Operationof Bar Funded Law OfficesIn 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 113 by the end of January 2014, and the JFBA has made payments of approximately 1.4 billion yen in total for such aid by March 2013. 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 2014.

Financial Support for the Eliminationof Areas with Attorney ShortagesThe JFBA commenced a project to provide economic support to areas facing shortages of attorneys from January 2008. 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, etc. 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 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 640,000,000 yen in total by the end of January 2014. Such fund was consolidated into the conventional “JFBA Himawari Fund” on April 1, 2013.

Legal Counseling CentersLocal bar associations have established legal counseling centers in order to provide access to legal consultation by attorneys to everyone, anytime, anywhere. The types of consultations provided and consultation fees differ from center to center, and some bar associations offer specialized legal consultations as well as general legal consultations. Specialized legal consultation deals with issues such as multiple consumer loan problems, or family problems and so forth, and there are centers which make an appointment and offer counselling services in multiple languages. Some bar associations also provide nighttime consultation services. The JFBA supports the establishment and operation of legal counseling centers as one of the main pillars to deal with the regional shortage of attorneys. As a result of these efforts on the part of the JFBA and local bar associations, a total of 306 legal counseling centers

are operating all over Japan as of January 1, 2014. The JFBA continues to encourage the establishment of legal counseling centers. When it is difficult to establish legal counselling centers for various circumstances in a region, the JFBA makes an effort to establish the legal counselling service through considering the possibility for an alternative system (i.e. attorney referral system and duty attorney system for civil cases).The JFBA also established the “Himawari Consultation Hotline” on March 1, 2013, where people can call a common number when they wish to make a legal consultation nationwide. Previously, each legal counselling center all over the country had its own number, and it was inconvenient for the users. Therefore, legal counselling centers set up a common number (0570-783-110) where people can call from anywhere in Japan, and the call is directed to the nearest legal counselling center. It aims to make legal counselling centers more accessible to the general public (as of May 2014, this number cannot respond to calls in languages other than Japanese).

Dispatched Counselling Service at ImmigrationBureau Detention Center (Three Bar AssociationsinTokyo, Kanto Bar Association)Dispatched counselling service is offered at relatively big detention facilities (detention sites in Tokyo, Nagoya, and Osaka, as well as East Japan and West Japan Immigration Detention Centers) by local bar associations and federations of local bar associations with the cooperation of the Immigration Bureau. The way the counselling service is offered slightly differs from place to place, but in most cases, foreign nationals detained at the detention facility first apply for legal consultation either by phone or in writing. Then an attorney and a translator will be sent, and free legal counselling will be offered in an interview room at the detention facility. The cost for the counselling service, translation, and transport will be covered by the fund for legal aid services, which comes mainly from membership fees of the JFBA.

Legal Expenses InsuranceThe 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 for victims 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 the development of 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 nationwide, 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 construction 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.

Main Issues in Criminal Justice System in JapanIn the criminal justice system in Japan, the written statements are prepared while the suspect is

physically detained, and the prolonged interrogation is conducted in an inquisitorial manner. It has often been the case for many years that the admissibility of the written statements was over-evaluated in trials, and facts were acknowledged according to the statements, and the defendant was found guilty as a result.However, such operation is in direct opposition to some of the principles in the Constitution and the Code of Criminal Procedure, which include the presumption of innocence, guarantee of the right to silence, adversarial system, and emphasis on the direct testimony in a public trial. The Human Rights Council has also recommended that the State Party (Japan) improve the situation. The JFBA has recommended that the government take following measures including video/audio recording of the entire process of interrogations of all cases by police and theice, reform of the detention/bail system, full disclosure of evidence held by public prosecutors, enhancement of the court-appointed defense counsel system, abolishment of Daiyo-Kangoku , and the establishment of an independent third party institution for identifying the causes of false charges.It has become clear once again in recent years that the criminal justice system has caused serious violations of human rights by physically restraining and punishing the innocent. The Special Subcommittee for the Criminal Justice System in the New Generation has been established at the Legal Council in June 2011. The Subcommittee discusses how the judicial system should function.

Actual Interrogation Conditions in Japan andAudio/Video Recording of Interrogations 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 they are

5 Efforts toward the DrasticReform of Criminal Procedures


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 audio/video recording of the entire process of interrogations. The public prosecutor's office commenced operations of the audio/video recording of parts of suspects’ interrogations for cases involving the lay judge system in April 2006, and from 2011, the scope of cases to be recorded was expanded to include so-called special investigation cases which are handed to the special investigations unit of a district public prosecutors' office, as well as cases involving suspects with communication problems due to intellectual disabilities, etc. The police also commenced attempts to conduct audio/video recording of parts of interrogations for cases involving the lay judge system in 2008 and expanded the scope of audio/video recording in 2012, commencing attempts to conduct audio/video recording of interrogations for intellectually-disabled suspects. Currently, the Special Committee on the Criminal Justice System for a New Era, 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 SystemIn 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. In addition, the JFBA has conducted a study of a guaranteed bail system, and based on such study, it designed a system which enables bail for cases in which bail hitherto had not been possible due to financial reasons. With the Japan Federation of Lawyers Cooperatives as the operating body, the JFBA launched the operation of the issuance of written guarantee system for bail in certain regions in July 2013.

Full Disclosure of Evidence Held by Public ProsecutorsAlthough 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 obtained making full use of coercive forces by investigative organizations through public funds should be fully disclosed to defendants. The JFBA seeks, in principle, the disclosure of the list of evidence created or obtained by investigative organizations, as well as the disclosure of all such evidence, created or obtained in the course of the investigation.

Review of the Penal SystemThe 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 2007. 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 measures to expand the scope of the activities of such Committee, 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 ExecutionsJapan is one of the few nations to retain 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, in this respect, has been conducting activities concerning the provision of support for appeals for retrial (as part of the activities of the JFBA Human Rights Protection Committee described above).

Support for Victims of CrimeLocal 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 CasesThe JFBA has been requesting the expansion of the scope of the Public Attendant System to include all cases where juveniles are detained in juvenile classification homes. Currently, a discretionary court-appointed attorney system exists. However, the application of the system is limited to certain serious cases, and the appointment of the public attendant is at the discretion of the court. In particular, since the scope of cases covered by the court-appointed attorney system for criminal suspects has been expanded, 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. As the bill to revised Juvenile Act containing the expansion of the scope of the publicly-funded attorney attendant system was passed into law on April 11, 2014 as described as above (see III. 4 (3), “Juneniles”), it will enhance the scope of the public attendant system for juvenile cases to the same extent as the scope of the court-appointed attorneys system for suspects. However, there are still cases outside the scope of the public attendant system for juvenile cases, and the public attendant may not be appointed in some cases at the discretion of a family court. Therefore, the JFBA firmly maintains its resolution to continue its activities to guarantee the right for juveniles to have a public attendant through the juvenile case attendant support system, and through these activities, realize a publicly-funded attorney attendant system which will fully cover all juveniles who are detained at juvenile classification homes.

Legal Practice ReformsWith 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

6 Activities Related to the Practice of Law


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 web-based 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 medium-sized 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.

Expansion of the Practice Fields and Service of Legal ProfessionalsAiming to expand practice fields of attorneys, the JFBA has been conducting research and performing studies, and has been testing operations in the three main fields of (i) national and local governments and public welfare, (ii) corporations, and (iii) overseas.Further, the JFBA established the “Central Board on the Expansion of Legal Services” in 2014, where measures are to be planned and implemented in order to further expand legal services by lawyers in each field through conducting various activities in relation to promotion of and support for the appointment of attorneys for the national government, local governments and corporations, and also the cultivation of such human resources, as well as a range of activities concerning support for lawyers engaging in international legal practices and the fostering of such human resources.

Young Professional AssistanceThe 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, providing various kinds of information in the form of manuals on legal practice and mailing lists, and assistance for entering law offices. In addition, 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.

The Population of Legal ProfessionalsIn 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 2018. 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 2,049 in 2013. 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 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.The government later conducted a review entitled the “Study Council for the Professional Legal Training System” and it was decided at the ministerial conference concerning the Professional Legal Training System on July 16, 2013 that since the initial numerical goal of the number of persons passing the bar exam was unrealistic, it would not set such numerical goal for the time being. Further, it was decided that it would “conduct a review each time to make recommendations regarding the ideal number of legal professionals, under such ministerial conference, taking into consideration matters such as the status of the expansion in the scope of activities for legal professionals, the level of legal demand, the status of the development of access to justice, and the status of the development of the system for fostering legal professionals, while taking note of maintaining the quality of legal professionals.”

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“Appointment of attorneys as judges or prosecutors” refers to the appointment of persons as judges or prosecutors who already have experience as attorneys. The appointment of persons (with experience as attorneys) as judges is explained in this section. Japanese judges are appointed as “assistant judges” immediately after completion of their legal apprentice training, and directly become a “judge” 10 years later.However, it has been strongly recognized that each prospective judge should acquire a rich and wide variety of knowledge and experience as a legal professional, and the need for diversification of the resources of judges. 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 January 2014, 64 attorneys had been appointed as judges under this new system, which launched in 2002, and out of such attorneys 54 were actively working as judges as of April 1, 2014.In addition, a system where an attorney acts as a conciliator once a week for civil and family affairs conciliation commenced in 2003, and 377 attorneys had been appointed to such roles up until January 2014. As of January 1, 2014, 119 attorneys were engaged in this role.The appointment of even more attorneys as judges and conciliators in these roles is highly anticipated.

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, anti-monopoly

law, labor law, consumer law and companies act. The Legislative Council of the Ministry of Justice has been deliberating on amendments and improvements to the Civil Code (Part III Claims), the Commercial Code (legislation regarding marine commerce and transportation), and legislation concerning international jurisdictional issues (e.g. personal status litigation cases, family affairs cases), 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; the establishment of the Consumer Affairs Agency, which comprehensively promotes consumer protection issues; and the establishment of a system of class-action lawsuits with the aim of helping consumers recover financial damages.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.

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. In order to reinforce the JFBA training programs, and provide training programs more accurately and swiftly to the JFBA members, the JFBA reorganized the related conventional structure from June 1, 2013 and established the JFBA Comprehensive Center for Continuing Legal Education to implement and bring about improvements in the operating division where the planning and operating of training programs is to be carried out. The training programs which the JFBA Comprehensive Center is to play the central role in

7 Promotion of Appointment of Attorneys as Judges or Prosecutors

8 Activities to Improve the Legal System

9 Training Programs


providing are mentioned below.

Ethics TrainingAll attorneys are required to participate in ethics training courses in their first year after registration, and every stipulated period thereafter. Further, to enhance training programs, the JFBA creates and provides materials to be used at the ethics training courses held at local bar associations.

Training for Newly-Registered AttorneysThe courses cover issues which newly-registered attorneys should, at a minimum, acquire as a legal practitioner, such as the proper frame of mind for attorneys, the role of the legal profession in our society, guidance on the principles of self-governance of bar associations, as well as training on ethics. The JFBA also provides for individual training courses on legal practice.

Training to Improve Skills for Attorneys1) 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 improve the skills of attorneys. The contents of the lectures delivered during the summer training programs are compiled and usually published each year as a book entitled, “The JFBA training library - various issues on modern legal practices”.

2) Live training on legal practice issues: 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 a variety of approximately 30 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 comprehensive training 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. There are approximately 200 comprehensive lectures which can be taken in the program.

4) Tour training: The JFBA started delivering training programs on a nationwide tour from October 2013 with the aim of providing live lectures to JFBA members all over the country. After the training, the lectures are delivered via an e-learning system on the JFBA members-only comprehensive training website. In addition, the JFBA conducts opinion exchange meetings to provide further improved training programs, taking into consideration the actual status of each region in line with the training.

The JFBA adopted a resolution “aiming at judicial reform integrating gender perspectives” at the JFBA General Meeting in 2002. 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 “JFBA Basic Plan for Promotion of Gender-Equality” was announced, as the 1st 5-year plan to promote gender equality. Additionally, in 2013, the achievements and problems involved in activities concerning gender equality conducted up to that point were summed up, and the “2nd JFBA Basic Plan for Promotion of Gender-Equality” was announced as a 2nd 5-year plan to promote gender equality. The JFBA is engaged in promoting gender equality within the Federation, for example, by establishing rules exempting female members from having to pay dues during child rearing periods and it actively tackles gender problems existing in the judicial field. However, among the current total of 33,669

10 Approaches for Realization of Gender Equality


lawyers, there are only 5,958 female lawyers, accounting for 17.7% of the total number. Moreover, female lawyers among the JFBA President, Vice Presidents and Governors currently account for only 9.4% (as of April 2013). Concrete measures must be continuously taken in all fields even within the JFBA.

International Human Rights ActivitiesThe 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 ActivitiesThe 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 Association, the German Federal Bar, the Paris Bar, and the Vietnam Bar Federation, 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 CooperationThe 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 2005. 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 Outsideof JapanThe JFBA has been actively providing information overseas regarding the human rights situation in Japan, the Japanese legal system, and our

11 International Activities


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 ProgramThis program gives attorneys who engage in public-interest 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 in the public-interest field is only available at the University of Essex.) As of the end of 2013, 38 attorneys have studied overseas under this program, and after returning to Japan, they are actively engaged in public-interest activities utilizing their experiences.Other than the public-interest field, an agreement was newly made with the National University of Singapore in 2014, with reference to the taking in of attorneys recommended by the JFBA as students in the LL.M. (Master of International Business Law) program at such institution’s law school.The JFBA will continue to increase the number of attorneys being taken in by such overseas law schools and

to provide information regarding the study abroad programs to the JFBA members.

Dispatching Young Member Attorneys to International ConferencesSince 2011, the JFBA has been supporting young member attorneys who have been registered with the JFBA for fewer than 10 years in their participation in international conferences such as the IBA, LAWASIA and the ABA and so on, by bearing part of the expenses for their participation. With the purpose of further promoting the overall internationalization of attorneys in Japan, this system was created to increase the number of times attorneys can participate in international conferences which creates an opportunity to obtain cutting edge international knowledge as well as to establish a network of international personal contacts. Approximately 50 attorneys have participated in international conferences using the system, as of April 2014.

Assistance for International Developmentof Small and Medium CompaniesIn 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 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.

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.

Nichibenren Shimbun (The JFBA Newspaper)The JFBA began publishing its monthly newspaper in 1974. 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.

JFBA Web Sitehttp://www.nichibenren.or.jp/en/index.htmlThe 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 ConferencesThe 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 PublicationsThe 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 ToursThe JFBA offers educational tours of its facilities as a part of its enhancement of law-related education and as a way to disseminate information about the services offered by attorneys and the judicial system.

12 Publications

Jiyu to Seigi

1-1-3, KASUMIGASEKI, CHIYODA-KU,TOKYO 100-0013, JAPAN Tel：+81 (0)3 3580 9741Fax：+81 (0)3 3580 9840URL：www.nichibenren.or.jp/en/E-mail：[email protected]

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