101-year-old Woman Selected 3 Times for Citizen Judge 桃園101歲失智婦 3度抽中擔任國民法官

In Taoyuan, a 101 year old woman residing in a senior home was notified 3 times by the Taoyuan Disctrict court to participate as citizen judge in mock trails, which has cause her family majorheadaches.

A 101-year-old woman surnamed Chang who suffers from severe dementia and resides in a senior home received notices from Taoyuan District Court three times since last year. After being notified of attending a mock trial as a citizen judge for the first time, her daughter tried to contact the district court with registered mail to explain the situation. Nevertheless, she felt quite annoyed and is skeptical about the procedures. 

Lee Rui-hang, Chief of Fulin Borough, Taoyuan District: “She received the third notice from the court a few days ago, stating that she needs to serve as a lay judge. Her daughter is quite mad as this happened not once but three times.”

Taoyuan District court notes that relevant procedures are set in accordance with the Citizen Judges Act but admits that it can be refined. The court recommends the Judicial Yuan establish relevant selection guidelines and eliminate those above 70 years of age or those with major illnesses who have stipulated their inability to serve during the first and second reviews.

Liu Wei-pi, Presiding Judge, Taoyuan District Court: “There is nothing illegal or inappropriate here, but repeated receipt of such notices deeply inconvenienced Ms. Chang and her family, so we believe the procedures can be improved.”

Chang Yong-hong, Spokesperson, Judicial Yuan: “With respect to the inconveniences caused to Ms. Chang and her family during their communication with the court, the Judicial Yuan will review and improve as soon as practicable. Please be rest assured.”

The citizen judge system will start next year, yet the selection procedures seem to have generated doubts. The Judicial Yuan apologized and at the same time explained that these are the rights and obligations of citizens. Those who are 70 years and older or suffering from major diseases mentally or physically who cannot fulfill the duties of a citizen judge may be excused; the procedures will be continuously reviewed and optimized before official implementation.

桃園一名101歲、住在安養機構重度失智的張姓婦人，從去年到今年總共收到3次桃園地方法院通知，被抽中擔任國民法官參加模擬審判，女兒表示，第一次已用掛號信函向地院反應情況，深覺困擾，質疑機制有問題。

桃園區福林里長李瑞航指出：「前幾天又收到第3次法院的通知，說阿嬤現在要去做國民法官，她（女兒）就很生氣，怎麼一而再，再而三的寄這種東西來。」

桃園地方法院表示，相關程序都是依照國民法官法規定辦理，但也認為有改進之處，建議司法院訂定相關選定辦法，在第一、二次審核時，剔除70歲以上或有重大疾病表明辭任者。

桃園地方法院庭長劉為丕回應：「這件事情裡面並沒有違法或不當之處，但是因此造成張女士不斷收到相關通知，使張女士及家屬深受困擾，本院亦認為有改進之處。」

司法院發言人張永宏則表示：「張老太太的家人在溝通過程中所產生的困擾，司法院也將會儘速檢討改進，請民眾安心。」

國民法官明年就要實行，卻在選任程序上引發疑慮，司法院除了致歉，也說明國民有參與審判的權利與義務，但如果年滿70歲或身心有重大疾病，難以執行國民法官的職務，依法可向法院辭退國民法官工作，也會在制度正式實施前不斷檢討並優化程序。