President nominates Judicial Yuan head, deputy; choices panned by opposition

Taipei, Aug. 30 (CNA) President Lai Ching-te (賴清德) has nominated National Taiwan University law professor Chang Wen-chen (張文貞) as the new president of the Judicial Yuan, Vice President Hsiao Bi-khim (蕭美琴) said at a press conference on Friday.

The president also tapped Yao Li-ming (姚立明), the director of Lai's presidential campaign headquarters in the 2024 presidential election, as the new vice president of the country's top judicial body, Hsiao said at the Presidential Office.

The two will replace incumbent Judicial Yuan President Hsu Tzong-li (許宗力) and Vice President Tsai Jeong-duen (蔡烱燉), who will step down on Oct. 31 after eight years of service, but still must be confirmed by the Legislature.

That could be a challenge, given that Lai's Democratic Progressive Party (DPP) controls only 51 seats in the 113-seat Legislative Yuan, and a majority 57 votes are required for confirmation.

If the main opposition Kuomintang (KMT), with 52 seats, the Taiwan People's Party (TPP), with eight seats, and the two independents ideologically aligned with the KMT join together, they could block Lai's nominations.

Hsiao, who serves as the convener of a committee tasked with recommending new justices to the president, said Chang has dedicated herself to researching and teaching comparative constitutional law and international human rights law.

She currently serves as the head of the Restoration of Victim's Rights Infringed by Illegal Acts of the State During the Period of Authoritarian Rule Foundation, a public body handling compensation for individuals who were persecuted during Taiwan's authoritarian era from 1945 to 1992, Hsiao said.

Chang, previously a member of the now-disbanded Presidential Office Human Rights Consultative Committee, has also served as an expert witness in several Constitutional Court cases, including the one on same-sex marriage in 2017, according to Hsiao.

With her extensive experience in human rights and judicial affairs, Chang will be a "critical" force in advancing judicial reform and strengthening the democratic system in Taiwan, Hsiao said.

The most recent Constitutional Court case Chang was involved in has dealt with the constitutionality of amendments to government oversight laws pushed through by KMT and TPP lawmakers in May.

Chang argued in the court on Aug. 6 that the deliberation that led up to the passage of the amendments constituted "manifest and gross procedural flaws" and should be ruled unconstitutional.

The case was brought to the court by Lai, the DPP legislative caucus, the Cabinet and the Control Yuan in a bid to reject the amendments that took effect on June 26.

In that case, the court must, by law, issue a ruling within three months of the conclusion of oral arguments. Oral arguments ended Aug. 6, which means an early November deadline.

If the ruling dragged into early November, after the seven justices step down on Oct. 31, the remaining eight justices could still decide the case.

Legal analysts believe that would be highly controversial, however, and have suggested it was likely the case will be decided before Oct. 31.

In the meantime, enforcement of most of the revisions, including those that would have given legislators much broader investigative powers, has been halted following an injunction handed down by the Constitutional Court on July 19.

As for Yao, who served as a lawmaker with the New Party, a KMT splinter party favoring close ties with China, from 1996 to 1999, Hsiao highlighted his understanding of Taiwan's democratic movement and involvement in politics.

She said those attributes would allow him to assist in ongoing judicial reform efforts and provide insight into future Constitutional Court cases.

In addition to campaigning for Lai in the 2024 presidential race, Yao previously served as campaign chief for TPP Chairman Ko Wen-je (柯文哲) when Ko ran for Taipei mayor in 2014 with the backing of the DPP.

Yao, who holds a doctoral degree in law from Bielefeld University in Germany, has also served as a member of the committee of the ROC Constitutional Law Society.

Also Friday, Hsiao announced five new justice nominees who were recommended by her committee and approved by Lai.

The five are Supreme Administrative Court judge Wang Pi-fang (王碧芳), Academia Sinica researcher Fort Liao (廖福特), and law professors Liu Ching-yi (劉靜怡), Her Lai-jier (何賴傑) and Chen Yun-tsai (陳運財).

They were nominated to replace five outgoing justices -- Hsu Chih-hsiung (許志雄), Chang Chong-wen (張瓊文), Huang Jui-ming (黃瑞明), Jan Sheng-lin (詹森林) and Hwang Jau-yuan (黃昭元) -- whose terms also end at the end of October.

In a statement issued shortly after the announcement, the KMT legislative caucus described the nominations as "disappointing" and "unacceptable."

The KMT specifically criticized the selection of Liao, a current member of the DPP's arbitration committee, and Yao as reflecting the Lai administration's desire to appoint justices affiliated with the ruling party.

Meanwhile, the TPP legislative caucus raised similar concerns in a separate statement, pointing to the fact that Chang, the nominee for the Judicial Yuan head, had argued in favor of the DPP's position on the oversight law amendments in court.