Scholars split on prosecutor's nomination as head of top judicial body

Taipei, July 3 (CNA) Scholars expressed mixed views on President Lai Ching-te's (賴清德) nomination of senior prosecutor Tsai Chiu-ming (蔡秋明) as both a justice and the head of Taiwan's top judicial body during a public hearing on Thursday.

While prosecutors have served as justices at the Constitutional Court over the years, including current Justice Ju Fu-meei (朱富美), the appointment of a prosecutor as president of the Judicial Yuan, which presides over the Constitutional Court, is unprecedented.

Retired law professor Lin Teng-yao (林騰鷂) criticized Tsai's appointment as an "abuse" of power by Lai, and called on the Legislature, where the main opposition Kuomintang (KMT) and the Taiwan People's Party (TPP) hold a combined majority, to reject it.

Tsai has only worked on cases at lower courts, Lin, who previously taught at Tunghai University, said, arguing that his appointment would undermine the separation of judicial and prosecutorial powers.

Tsai, 69, has served as a prosecutor for 29 years and is currently a senior prosecutor at the Taiwan High Prosecutors Office. He holds a bachelor's degree in law from National Taiwan University and a Master of Laws (LL.M.) from the University of Washington in the United States.

Hu Po-yen (胡博硯), a law professor at Soochow University, described Tsai's selection as "unique" but noted that over the years, the Constitutional Court has been headed by lawyers, scholars and politicians.

Hu added that, besides interpreting laws with the other justices, the president of the Judicial Yuan has the additional responsibility of overseeing judicial administrative affairs.

KMT lawmaker and former prosecutor Wu Tsung-hsien (吳宗憲) also said attention should not be directed solely at whether Tsai comes from the prosecutorial system.

Instead, the focus should be on whether the nominee has a clear vision for judicial reform and can maintain impartiality while leading the top court, Wu added.

However, both his KMT and the TPP have questioned Tsai's competence, citing his experience as limited to prosecutorial affairs, shortly after Lai announced a new list of seven justice nominees at the end of March.

In addition to Tsai, the six other nominees include two Supreme Court judges, one senior prosecutor, and three law scholars.

Thursday's hearing comes three weeks before lawmakers hold a confirmation hearing for the justice nominees.

The Legislature previously rejected Lai's nominees last December, leaving the court with only eight justices after seven completed their eight-year terms on Oct. 31, 2024.