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Statutes of the Judges Association of R.O.C. (Taiwan)
Statutes of the Judges Association of R.O.C. (Taiwan)
Chapter 1 General Principles
Article 1
Name of the Association is The Judges Association of R.O.C. (Taiwan).
Article 2
The Association is set up with a non-profit purpose as a non-profit cooperation, based on laws to safeguard the judicial justice, the judicial independence, and to establish the excellent judicial images, to agitate the judicial reforms, to communicate the domestic legal ideas and to enhance the judicial exchanges with international society.
Article 3
The Association is a nation organization. Division organization may be established.
Article 4
The seat of the Association is in Supreme Court. With the ratification of the competent authority, a branch institute may be established.
The competent authority of the Association is the Ministry of Interior.
Article 5
The objects of the Association are as follows:
a) to strengthen the judges and prosecutors to impartially execute the rules of law and support the judicial independence.
b) to agitate the judicial reforms and make the suggestion on the revision of law.
c) to offer the assistance to improve a rational working environment of the judges and prosecutors.
d) to hold the meetings for communication the different opinions between the judiciary practice and the academic theory.
e) to conduct the judiciary public opinion polls and the assessments of the judges, prosecutors and lawyers.
f) to publish the law books and the publications to communicate the opinions between judges and prosecutors.
g) to advocate the idea of rule of law and perfect the law education.
h) to improve the judiciary co-operation between the concerned judiciaries across the borders and the visits between the judges and prosecutors.
i) to manage with other affairs related to the judges and prosecutors.
Chapter 2 Members
Article 6
There are two different memberships to join the Association, which are the ordinary membership and the group membership.
Present judge, prosecutor, or ever being judge or prosecutor and non practicing law as a lawyer shall apply to be an ordinary member.
Filling out application forms is needed when applying a membership. After the examination and approval of the board of the Directors, the member should pay the member’s subscription.
The Division organization should join the group member of the Association and at the same time appoints a nature person to be the member delegate.
The individual who recognizes the purpose of the Association and has the special research in legal laws, via the commendations of more than two members of the Association and after the examination and approval of the Board of the Directors, shall apply for the honor membership.
The Academic Organization who recognizes the purpose of the Association, via the commendations of more than two members of the Association and after the examination and approval of the Board of the Directors, shall apply for the honor group membership and at the same time appoints a nature person to be the member delegate.
Article 7
Members possess the rights to vote, to elect, to be elected and to remove.
Each member has one vote.
The honor member and honor group member has no rights as described in the first paragraph.
Article 8
Each member has the obligation to abide by the Statutes and decisions of the Association and contribute the annual subscription.
Article 9
A member receives a warning notice or suspension of its membership if the Board of the Directors determines that the member is behaved against the Laws or not complying with the criteria for membership or not abiding by the decisions of the Member Assembly. A member loses its membership if the Member Assembly determines to be a severe circumstance.
The Honor member and honor group member receives a warning notice if the Board of the Directors determines that the member is behaved against the Laws or not complying with the criteria for membership or not abiding by the decisions of the Member Assembly or damages the reputation of the Association. The member loses its membership if the Member Assembly determines to be a severe circumstance by two thirds majority of the votes cast of directors of the Association at a meeting attended by over two thirds of the directors.
All the members have to pay the annual subscription by June of the yea. If the payment of a member’s subscription is in arrears of over two years, the Board of Directors shall determine to suspend his membership until the subscription arrears have been paid in full.
The ordinary member transferring to practice law as a lawyer loses its ordinary membership, but is capable of applying to be an honor member.
Article 10
Membership withdrawal should be requested in written.
Chapter 3 Organization and Officer
Article 11
Member Assembly is the body with supreme authority of the Association. In case the number of members exceeds 300, member delegates may be elected among the members by the regional proportion; the Assembly of delegates is therefore convened to exercise its authority. Regulations regarding the number, tenure and election method of member delegates are drafted by the Board of Directors, which should be reported to the competent authority and ratified.
Article 12
The authorities of Member (or member delegates) Assembly are as follows:
a) to provide and revise the Statutes.
b) to elect and remove directors, supervisors and supervise the execution of the directors and supervisors.
c) to resolve on the amount and payment of the admission fee and the annual subscription of membership.
d) to resolve on the annual working projects, reports, budgets and final accounts.
e) to resolve on the exclusion of members.
f) to resolve on the dispose of property.
g) to resolve on the dissolution of the Association.
h) to resolve on any other major affairs related to the rights and obligations of members.
Article 13
There are 15 directors and 3 supervisors in the Association elected by members or member delegates, respectively forming the Board of Directors and Supervisory Committee. While electing the directors and supervisors prescribed in the preceding paragraph, 5 sub-directors and 3 sub-supervisors may be simultaneously elected according to the result of ballot counting. The vacancies of directors and supervisors shall be filled up by the sub-directors and sub-supervisors in sequence.
The serving Board of Directors may offer a reference list of candidates for the next election. The number of candidates shall be equal to or more than the quota to be selected.
Communication election for the directors and supervisors may be taken; however, it shall not be taken consecutively. The regulations of communication election shall be approved by the Board of Directors and reported to the competent authority and ratified.
Article 14
The authorities of Board of Directors are as follows:
a) to approve the membership of the member (or member delegate).
b) to elect and remove the Standing Directors and President of the Association.
c) to resolve on the resignation of directors, standing directors and President of the Association.
d) to employ the staff and dismiss them.
e) to draft the annual working projects, reports, budgets and final accounts.
f) to appoint members for the attendance of the international meetings.
g) to implement any other affairs.
Article 15
There are 7 standing directors in the Board of Directors, who are elected by and among the directors; furthermore, the President of the Association shall be elected by the directors from the standing directors.
The President of the Association shall be internally responsible for the overall management of the Association, externally represent the Association, implement the resolutions of meeting of Board of Directors or that of standing directors, and convene the Member Assembly, meeting of Board of Directors and that of standing directors.
In case the President of the Association cannot exercise his power and authority for any cause, the President shall designate a standing director to act on his behalf. In the absence of such a designation, the standings directors shall elect from among themselves an acting President of the Association.
The vacancy or absence of directors or standing directors shall be by-elected within one month.
Article 16
The authorities of Supervisory Committee are as follows:
a) to supervise the execution of missions of Board of Directors.
b) to verify the annual final accounts.
c) to elect and remove the standing supervisors.
d) to resolve on the resignation of supervisors and standing supervisors.
e) to supervise any other affairs.
Article 17
There is one standing supervisor in the Supervisory Committee elected by and among supervisors, who supervises routine affairs of the Association and convenes the meeting of Supervisory Committee.
In case the standing supervisor cannot exercise his power and authority for any cause, the standing supervisor shall designate a supervisor to act on his behalf. In the absence of such a designation, the supervisors shall elect from among themselves an acting standing supervisor.
Article 18
The directors and supervisors of the Association are all positions of no pay, serving for a term of two years and may be re-elected for a consecutive term.
Article 19
A director or Supervisor who meets any of the following conditions shall be relieved from the position immediately:
a) Deprived of membership.
b) Resigned and approved by the resolution of Board of Directors or Supervisory Committee of the Association.
c) Dismissed or removed.
d) Suspended from the rights for a term of longer than a half of the tenure.
Article 20
There is one General Secretary in the Association who assisted by more staff to handle the affairs of the Association under the order of the President of the Association. The employment and dismissal of General Secretariat and staff shall be nominated by the President of the Association and approved by Board of Directors, then reported to the competent authority and ratified.
The officers appointed through election shall not be the staff prescribed in the preceding paragraph.
The Board of Directors shall make the rules regarding the responsibilities and segregation of powers and duties of the staff.
Article 21
Various committees, task force or any other internal operational organs may be established. The Board of Directors shall draw up the brief articles concerning the organization of such committees, task force or internal operational organs, which are reported to the competent authority and ratified. Any revision follows the same procedure.
Article 22
The Board of Directors may engage an honorary President, several honorary directors and advisors. The term of office of those officers shall be the same as that of directors and supervisors.
Chapter 4 Assembly
Article 23
There are two different kinds of assemblies, and which are the regular assembly and provisional assembly. Both are convened by the President of the Association with an over 15-day notice. Urgency is excluded.
The regular assembly is convened annually. With the approval of the Board of the Directors reckoning as necessary or the request made by one fifths of members (or member delegates) or the paper request of the supervisor of the Association, the provisional assembly shall be convened.
Article 24
A member may authorize the member or the delegate of another member to vote on its behalf at the Assembly. No more than one such authorization can be given to the same member or delegate.
Article 25
Decisions of the Assembly are taken by a majority vote at a meeting attended by over one half of the members. Saving that a majority vote of two thirds of the votes cast is required for the provision of the Statutes, the exclusion of any member, the removal of the directors and the supervisors the Association, the dispose of the property of the Association, the dissolution of the Association and other major matters related to the rights of the members.
After the registration for the Association, a majority vote of three quarters of the votes cast at a meeting attended by over one half of the members or a written consent of two thirds of the members is needed for any revision of the Statutes.
Article 26
Members of the Directors of the Board and Supervisory Committee meet regularly at least every 3 months; if necessary, a joint meeting or provisional meeting is allowed.
Standing directors meet regularly at least monthly to resolve on the issues brought up at the meetings of the Board of Directors.
Both meetings are convened, except for the provisional meeting, with an over 7-day written notice. The decisions of the meetings, except for an exception to the Statutes, are taken by a majority vote at a meeting attended by over one half of the directors, standing directors or supervisors.
Article 27
Directors and Supervisors should attend the meetings in person.
Chapter 5 Funding and Accounting
Article 28
Funding of the Association:
a) The admission fee of membership-1,000 NT. Dollars.
b) The annual subscription of membership- 1,000 NT. dollars.
c) The running income.
d) Donations of the members.
e) Trusting income.
f) Fund and its interests.
a) Other funding.
The admission fee and annual subscription could be raised by the proposition of the Board of the Directors, which is determined at the Member Assembly according to Article 25.
Article 29
The Accounting year is yearly from January 1 to December 31.
Article 30
The Association should render the annual working project, budges planning and employers’ wages planning two months earlier ahead of the beginning of the accounting year, which should be examined at the Member Assembly. If the Assembly can not be convened in the course of any year, the projects and the planning should be rendered and admitted at the joint conference of the Board of the Directors and the Supervisory Committee and reported to the competent authority ahead of the beginning of the accounting year. The Board of the Directors should make the annual working report, the budges planning, cash flow statement, balance sheet, property catalogue and funding balance rendered to the Supervisory Committee for the examination by two months after the end of the accounting year. The Committee should offer an opinion about the examination and send it back to the Board of Directors, which should be rendered at the Assembly and reported to the competent authority by the end of March. If the Assembly can not be convened in the course of any year, the opinion should be reported straight to the competent authority.
Article 31
After the dissolution of the Association, the properties left belong to the local self-government group or the government agency appointed by the competent authority.
Chapter 6 Supplementary Provision
Article 32
Any unregulated affairs in the Statutes should abide by the related regulations.
Article 33
The Statutes are admitted by the Assembly, which are reported to the competent authority and ratified. Any revision follows the same procedure.
