The Dark Side of the Judiciary:
Reflecting on Judicial Overwork and Urgent Judicial Reform

In the early hours of April 12, the news of a 38-year-old criminal court judge falling to his death from his dormitory sparked concerns within the legal community and society at large. The text messages he sent to his family before his death, saying "I love you, sorry for leaving you," "I'm very tired," and "Work pressure is enormous," revealed his deep stress and exhaustion. This incident once again brought to light the issue of judicial overwork and the urgent need for judicial reform. The Judges Association initiated the "White Flower Movement," urging judges nationwide to offer white flowers at courthouse entrances at noon on April 19, not only to mourn the deceased judge but also to call on the judiciary to propose effective measures to address judicial overwork.

Increasing Case Volume and Excessive Workload for Judges

In recent years, courts have faced a growing number and complexity of cases, resulting in an increasingly heavy workload for judges due to the escalating burden on the judicial system and society's demands for judicial fairness and efficiency. However, the number of judges has not increased accordingly. An anonymous judge stated in the media that the increase in judicial manpower never keeps pace with the growth in cases, likening it to continually building more parking lots but still falling short of the speed at which people buy cars. Therefore, alleviating the enormous caseload remains a key focus of reform.

Nevertheless, the escalating number of judicial cases has led to excessive workloads for judges, with long hours becoming the norm. In 2023, there were 2,166 judges nationwide, yet they handled millions of cases. For instance, civil cases accepted by district courts have been increasing annually, and while criminal cases decreased during the pandemic (Taiwan saw a decrease in criminal cases handled by police agencies during the COVID-19 pandemic), they have also shown a growing trend. Judges not only have to handle a large number of cases but also deal with expectations from parties involved and the public, often involving matters of life and death or significant interests, adding to their stress. Prolonged work pressure and mental burden may also lead to health issues for judges.

Impact of Judicial Overwork on Judicial Quality

Judicial overwork not only affects judges personally but may also have a negative impact on judicial fairness. Under prolonged work pressure, judges may struggle to maintain the quality of hearings and judgments, thereby compromising the rights of litigants and the fairness of the judiciary. Shen Fang-wei, chairman of the Judges Association, also stated in the media: "An overworked judiciary cannot provide good judicial services, similar to overworked healthcare unable to provide good medical services."

Therefore, judicial reform is urgently needed, with the primary task being to provide better working conditions and support for judges and relevant judicial personnel to fulfill their roles as arbiters in a reasonable work environment. In response to public concerns about judicial overwork, the Judicial Yuan convened a review meeting on April 17 and proposed four resolutions:

1. Consider legal working hours, study reasonable case closure rates for judges, and reiterate that the number of unfinished cases should not be the sole criterion for job evaluation.

2. Relax performance assessment measures, including:

i. Reviewing the implementation guidelines for case processing deadlines at all levels of courts, taking into account the current increase in case quality, and adjusting case processing deadlines as appropriate.

ii. Considering improvements to current performance assessment measures to avoid unnecessary administrative burdens on judges outside of case adjudication.

iii. Reviewing the implementation guidelines for managing civil and criminal litigation processes at higher courts and affiliated courts, and extending the deadlines for handling cases by review chambers.

3. Curtail the abuse of the right of action and continue to promote legislation related to preventing such abuses.

4. Present research reports from all courts using a voluntary participation method.

It was also mentioned during the review meeting that there will be a review of the allocation of judges and adjustments to overtime pay, among other matters.

The issue of judicial overwork exposes long-standing structural problems in the judicial system, requiring joint efforts from the government, judiciary, and society to address them, thereby enhancing judicial fairness and efficiency, protecting the labor rights of judicial personnel, and providing better judicial quality to society.

Further Reading:

How would Lady Justice be just while bearing the unbearable weight?