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Activities of the Association

>1 Judicial Reform
A. What is Judicial Reform
Before World War ?, Japan was a country governed by a powerful bureaucracy under the sovereign power of the Emperor. The judiciary was solely a mechanism used to control the populace.
After defeat in World War ?, Japan became a democracy under the constitution established in 1946.
The separation of powers in the Japanese government (into the legislative, executive and judicial branches) guarantees the judiciary the independence necessary to fulfill its true function-protecting fundamental human rights. Nevertheless, since World War II, the judiciary has not always remained true to its original course. Bureaucratism still prevails in the judiciary. Even now, 50 years later, the citizens consider the judicial system too far removed. Access to the judicial system is restricted by the shortage of judges, public prosecutors and attorneys who practice law.

Accordingly, under the auspices of the Japan Federation of Bar Associations(the"Federation"), there is a movement to make the judicial system more familiar, simple and understandable to enable the average citizen to utilize the judicial system more easily. As part of such movement which is called "Judicial Reform", practicing attorneys are preparing and carrying out various plans to increase attorney credibility among the populace and enable people to consult with attorneys more easily.

B. Substance of Judicial Reform Activities
To bring the judicial system closer to the people, there are many issues that must be resolved primarily by the government authorities in charge of administering the judicial system. These issues include increasing the budget of the judiciary, reforming the civil and criminal litigation systems and increasing the number of judicial officers. Nevertheless, practicing attorneys can play an important role as well.
Provided below is an introduction to the primary judicial reform activities engaged in by the various bar associations.

1 Appointment of Judicial Officers from among Practicing Attorneys
Japan does not have the so-called "unified legal profession system", pursuant to which judges and public prosecutors are selected from among practicing attorneys. Nevertheless, to overcome bureaucratism and bring the judicial system closer to the populace, it is important to appoint practicing attorneys who have an understanding of society and the viewpoint of the average citizen as judicial officers. Therefore, in 1991, the Federation, in cooperation with the Supreme Court and the Ministry of Justice, began implementing a system whereby some judicial officers are selected from among practicing attorneys.

2 Reform of Bar Examination
Most judges, public prosecutors and attorneys enter the legal profession through the bar examination. The bar examination, however, is extremely difficult and emphasizes legal knowledge and technique. Consequently, it takes a long time to pass the examination. It currently takes, on average, 6 to 8 attempts to pass the bar examination and the average age of successful candidates is nearly 28 years old. As a result, it has been pointed out that the current bar examination has the harmful effect of creating legal practitioners who have not developed that all-important sense of justice and understanding of society. Therefore, the bar associations are now reviewing the situation with the intent to make sweeping revisions to this selection process.

3 Reform of the Supreme Court Justices Recommendation System
In the past, four out of the fifteen Supreme Court justices have been appointed based on the recommendation of the various bar associations. The recommendation process, however, has been administered in a conventional way and has not been administered to recommend a person who adequately understands the viewpoint of the average citizen. In light of this realization, the local bar associations are working to reform the system to provide for the recommendation of a person who truly understands the viewpoint of the average citizen.

4 Review of Standards for Attorneys' Fees
Each local bar association has established standards for attorneys' fees pursuant to the standards set by the Federation. Nevertheless, such standard are subject to criticism as being difficult for people to understand because they are very detailed and based on the commercial benefit derived from a case. Moreover, such fee standards are generally thought to be expensive. Thus, such standards are considered serious impediments to attorney access by the average citizen. Therefore, under the auspices of the Federation, an effort is being made to make sweeping changes to the standards for attorneys' fees and promulgate standards for attorneys' fees that are easy for people to understand and use. Note that many attorneys charge both an initial retainer fee and success fee for litigation. For projects not involving litigation, it is not rare for attorneys to bill by the hour.

C. Activities of the Association to Promote Judicial Reform
In response to such judicial reform activities conducted under the auspices of the Federation, in May 1992, the Daini Tokyo Bar Association(the "Association") promulgated a rule that imposes on attorneys a duty to engage in public interest activities, and in June, 1995, the Association established a Judicial Reform Promotion Headquarters to promote judicial reform strongly and effectively.

>2 Activities for the Protection of Human Rights
One of the most important missions of attorneys is the protection of human rights. The Association is engaged in a wide range of human rights activities, such as examining and researching various human rights issues, and providing assistance in specific cases involving human rights abuses.

A. For the Protection of Children's Rights
The Association is seriously concerned with the rights of children. The Association has a counseling service set up specifically to handle children's problems. The number of people seeking advice on children's problems such as bullying and corporal punishment amounts to approximately 300 a year. The Association also conducts studies on juvenile criminal cases and research on juvenile legislation, including institutional treatment of juveniles. Since the Convention on the Rights of the Child became effective in 1994, the Association is making a greater effort to publicize children's rights and promote human rights education.

B. Towards Equality of the Sexes
The Association is engaged in resolving problems that men and women alike face in trying to lead a productive life at work, in the home and as members of society. For example, the Association has conducted research on issues such as sex discrimination in employment, sexual harassment, and childcare, and has held symposiums and issued publications to convey the results of its studies to the public. The Association also periodically provides counseling services for sexual harassment, and has successfully resolved several cases.

C. Considering Foreigners' Rights
The number of foreigners who enter Japan has increased sharply over the past decade. The number of these who are staying in Japan longer than their authorized period of stay is estimated to be approximately 300,000. Although the law should be applied without discrimination, in reality the protection of the law does not reach those foreigners who stay in Japan longer than their authorized period of stay. Many of them are unable to exercise their rights when treated unfairly in the work place, or even when they become the victim of a crime. Upon the request of "HELP", a private organization that runs an emergency shelter for women, the Association is investigating the situation of women from Asia who are sold and sexually exploited.

D. Petition for the Protection of Human Rights
In addition to the specific issues mentioned above, anyone may file a petition with the Committee on the Protection of Human Rights whenever a human rights abuse occurs or a fear thereof exists. Upon the filing of a petition, members of the Committee will conduct an investigation and, if necessary, take such measures as sending a warning to the abuser.

>3 Improvement of the Criminal Justice System
Japan is reputed to be a safe country with a low crime rate, but Japan's criminal justice system is not without its problems. The Association is actively reviewing criminal legislation and working to improve the operation of the present system.

A. For a Better Criminal Defense
In Japan, suspects often undergo severe interrogation by police officers, because their right to counsel before indictment is not adequately protected. To promote criminal defense before prosecution, the Association is striving to develop the "Toban-Bengoshi"or "Attorney-on-Duty" System, which the Association began jointly with the two other Tokyo bar associations in 1990.The "Toban-Bengoshi"System, modeled after a similar system in the United Kingdom, was introduced as a stepping stone to establish a public defender system for the pre¡¾indictment stage, and has produced important results in promoting defense activities before prosecution. The Association is also drafting a handbook on how best to handle criminal cases involving foreigners, which are on the rise.

B. Protection of the Rights of the Detained
Suspects who are arrested are usually detained in the infamous "Daiyo-Kangoku"(temporary detention facilities located at police precincts), instead of detention centers that are separate from the police. Harsh interrogation can occur, resulting in forced and false confessions, because suspects are held by the police. The Association is conducting research and making inquiries for the purposes of protecting prisoner human rights and eventually abolishing "Daiyo-Kangoku". The Association has investigated criminal institutions in Switzerland and Northern Europe, has recently reviewed international standards on the rights of the detained, and has published the results of such studies.

C. Towards Abolition of the Death Penalty
The death penalty exists in Japan, and is applied in the case of certain serious crimes. The Association is studying the abolition of the death penalty with the idea that human rights must be protected in accordance with international standards.

>4 Consumer Rights
Japan is a fully developed consumer society where most goods are only attainable through a long chain of distribution. This situation gives to issues such as product liability and organic agricultural products labeling(i.e., labeling agricultural products "organic", which gives the impression that they are safe, even though agricultural chemicals and chemical fertilizers are used). Consumer problems also arise when usurers lend excessive amounts of money to consumers at extremely high interest rates and then employ unfair means to collect payment.

There are also cases in which problems exist not in the goods and services themselves, but in the way they are sold. Typically such problems are seen in the door-to-door sales and mail-order businesses.

In addition to problems which arise in the sale of goods and services, there can also be problems in the sale of rights. Illegal soliciting of investments involving stock trades and insurance has occurred in Japan.

Moreover in the highly information-oriented society in which we will live, the general public are becoming consumers of information. In Japan, a charge system was introduced for information obtained over the telephone, but it did not work well and caused new problems.

In order to solve various consumer problems, including those mentioned above, the Association: * collects information and conducts investigations and research;

* provides legal counseling for injured consumers;
* works for the relief of injury caused to consumers;
* proposes improvements to relevant laws; and
* issues warnings to entities causing injury to consumers.

The legal counseling for injured consumers conducted by the Association consists of general counseling, which is always available, and consultation by telephone for specific consumer problems that are becoming increasingly common.