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2015.11.133707.22 K2013 Annual Report Legal Aid Foundation2013 Annual Report Legal Aid Foundation, Taiwan Philosophy Equality—to fulfill the constitutional right of equal access to the legal system, and to facilitate improvement of economic status Human Rights—to protect the human rights of the disadvantaged The Rule of Law—to complement the system of the rule of law Principles of Service To be approachable To adopt efficient procedure To be flexible To provide professional services Mission Statement To engage in self-reflection, seek reforms and enhance the soundness of the legal aid system To make legal aid available throughout Taiwan To actively publicize legal aid information To allow convenient access to legal aid To advance the quality of legal aid services To encourage the participation of lawyers in legal aid and social reform To strengthen the promotion of legal education for disadvantaged people 04 Preface Contents 06 Chapter 1 Profile 07 Section 1 Organizational Structure 08 Section 2 Board of Directors 09 Section 3 Board of Supervisors 10 Section 4 Secretary-General and Deputy Secretary-General 12 Section 5 LAF Branch 15 Section 6 Part-Time Personnel 24 Chapter 2 Legal Aid Services 25 Section 1 Legal Aid Case Statistics 46 Section 2 Ensuring Quality of Aid 50 Chapter 3 Special Programs 51 Section 1 Legal Aid Programs 58 Section 2 Commissioned Legal Aid Programs 61 Chapter 4 Cases of Major Social Concern 62 Section 1 Legal Aid Programs 64 Section 2 Commissioned Legal Aid Programs 64 66 Chapter 5 Financial Management 72 Chapter 6 Promotion and Education 73 Section 1 Outreach Services for Rural Areas 74 Section 2 Public Promotion 85 Section 3 Legal Education 87 Chapter 7 International Communications 88 Section 1 Distinguished International Visitors 93 Section 2 Participation in International Conferences 94 Section 3 Planning Major International Communication Activities 96 Chapter 8 The Foundation's Outlook for the Future 100 Appendixes 101 Appendix 1. Overview of Regulations Stipulated or Amended in 2013 104 Appendix 2. Chronicle of Major Events in 2013 105 Appendix 3. Contact Information of Branch Offices 107 Appendix 4. Independent Auditor's Report 125 Appendix 5. Statistics of Cases Handled by LAF Branch Offices in 2013 2013 2013 Legal Aid Foundation 4 Preface Ever since the establishment of the Legal Aid Foundation (LAF) on July 1, 2004, more than 730,000 people have applied to LAF for services. In the past nine years, LAF has provided legal consultation in more than 290,000 cases, in addition to providing other legal services including mediation and settlement negotiation, legal document drafting and court representation to over 230,000 underprivileged people. In 2013, LAF received 136,065 applications and provided legal aid in 36,225 applications and legal consultation in 62,479 cases. To ensure human rights are protected during interrogation, LAF operated the "First Criminal Interrogation Accompanied by Legal Aid Attorney Program" and the "Indigenous Interrogation Accompanied by Legal Aid Attorney Program". The number of cases received under the two programs both rose significantly since the amendment of Article 31 of the Code of Criminal Procedure. To save expenses and to serve remote communities, the branch offices started launching the Legal Aid Video Consultation Program. To meet the needs of minority groups and to provide a wider range of services to minority groups such as labor workers and indigenous people, LAF continued to operate the Legal Aid for Consumer Debt Clearance Program and the Legal Aid for Victims of Human Trafficking Program and accepted commissions from the Council of Labor Affairs of the Executive Yuan (restructured and promoted to the Ministry of Labor on February 17, 2014) and the Council of Indigenous Peoples to operate the Labor Litigation Program and the Legal Aid for Indigenous People Program, respectively. A total of 2,805 attorneys nationwide have registered as LAF legal aid attorneys. Considering that the professional skills and attitude toward investigation of legal aid attorneys play a crucial role in the quality of legal aid, LAF created the Legal Aid Attorney Quality Improvement Team in 2012. The board of directors passed an amendment of the complaint guidelines and drafted regulations including the legal aid handbook for legal aid attorneys in 2013. In 2013, the mechanisms of applying for advance fees and reporting closed cases were reinforced and a case reporting system between district courts and prosecutors office was created. With respect to legal aid attorneys of questionable quality, a case attorney performance evaluation system was activated to impose prompt and mobile control on attorney quality. In addition, LAF started appointing staff attorneys in 2006 to handle legal aid services including court representation in special cases. In recent years, the staff attorneys have participated in providing legal aid services in high profile cases including the "RCA case", the "CPDC Tainan case", the "Typhoon Morakot disaster" and Preface 5 the "unemployed factory workers". Since its establishment at the beginning of 2013, the North Legal Aid Staff Attorneys Center not only increased support for the branch offices in important, difficult cases, but also helped remote areas such as creating a video consultation link with the Taiwan Penghu District Court and handled many high profile cases, including the oral argument in the first death penalty case before the supreme court and working with indigenous groups to discuss oral arguments in gun ownership for indigenous people before the supreme court. In 2013, pilot operations were implemented in teams with the aim of studying the needs of minority groups through team work and strengthened interaction with NGO groups. In response to a limited legal aid budget, LAF will be constantly reviewing and improving the legal aid services with the aim of providing aid to more members of the minority groups in more innovative ways while enhancing the quality of service in order to meet public expectations of the Legal Aid Foundation. Note: 36,225 legal aid cases included 28,584 general cases, 1,852 first interrogation program cases, 1,768 CDCP cases and 4,021 indigenous interrogation program cases. Chapter 1 Profile ‧Section 1 Organizational Structure ‧Section 2 Board of Directors ‧Section 3 Board of Supervisors ‧Section 4 Secretary-General and Deputy Secretary-General ‧Section 5 LAF Branch ‧Section 6 Part-Time Personnel Chapter 1 Profile 7 Chapter 1 Profile Section 1 Organizational Structure Legal Aid Chairman Board of Organization Supervisors Overview Board of Chairperson of Directors Board of Supervisors Secretary-General Auditor Deputy Review 21 Branch Specialist Secretary-General Committee Office Committees Branch North Legal Aid Staff Attorneys Center Aid Staff North Legal Department Affairs Legal Research and Business Department Affairs Department of Public Promotion and International Administration and Management Department of Department of Accounting The Secretariat Office Directors Development Committee Legal Research Committee Legal Affairs Committee International Affairs Committee Legal Aid Attorneys Evaluation Committee Attorneys Evaluation Review Committee Aid Legal Executive Secretary and Staff Assessment Committees 2013 Legal Aid Foundation 8 Section 2 Board of Directors The Board of Directors is the highest decision-making body of the Legal Aid Foundation. Thirteen Directors are appointed by the President of the Judicial Yuan to serve a term of three years on part-time unpaid basis. Directors include: two representatives of the Judicial Yuan; one representative from the Ministry of Justice, the Ministry of National Defense and the Ministry of Interior respectively; four attorneys recommended by the National Bar Association and local Bar Associations as persons who actively participate in legal aid work; two academics or experts who have specialized knowledge in law or in related disciplines; one representative of disadvantaged groups and one representative of indigenous people. The tenure of the fourth term Board of Directors commenced from March 23, 2013 and will end on March 22, 2016. A total of twelve meetings and one special meeting were convened in 2013. Members of the fourth term Board of Directors are listed as follows. Chairman ◆ Lin Chun-Jung (Attorney-at-Law, Chun-Rong Lin Law Firm) Directors ◆ Chao-Min Chu (Director, Department of Prevention, Rehabilitation and Protection, Ministry of Justice) ◆ Jhih-Guang Wu (Professor, Department of Law, Fu Jen Catholic University) ◆ Bang-Chao He (Attorney-at-Law, Bang-Chao He Law Firm) ◆ Mei-Chen Li (Counselor, Executive-Secretary of Domestic Violence and Sexual Assault Prevention Committee, Ministry of the Interior, relieved of directorship on August 19, 2013 due to a change of title) ◆ Huei-Zong Li (Professor, Department of Law, National Chung Hsing University) ◆ Jhih-Ren Jhou (Director, Department of Military Justice, Ministry of National Defense) ◆ Jyun-Yi Lin (Director-General, Criminal Department, Judicial Yuan, relieved of directorship on December 17, 2013) Chapter 1 Profile 9 ◆ Su-Huei Hung (Counselor, Executive-Secretary of Petition and Appeals Committee, Ministry of the Interior, accepting directorship as of August 20, 2013) ◆ He-Guei Chen (Attorney-at-Law/Patent Attorney, Taiwan International Patent and Law Office) ◆ Jyun-Bi Chen (Director-General, Civil Department, Judicial Yuan) ◆ Ta-Hua Yeh (Secretary-General, Taiwan Alliance for Advancement of Youth Rights and Welfare) ◆ Chih-Wei Tsai (Associate
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