On November 15, 2024, the Legislative Yuan passed amendments to parts of the Court Organization Act, which were promulgated by the President on November 29. The amendments introduce several institutional reforms to strengthen professional support staff in response to practical needs. These include the creation of the “Prosecutorial Assistant” role within district prosecutors’ offices, the addition of “Counseling Psychologists” to probation offices, and the option to appoint contract-based judicial clerks in addition to existing employment models. Key highlights of the amendments are as follows:
1. Introduction of Contract-Based Judicial Clerks (Articles 12, 34, 51)
In addition to the existing employment system for judicial clerks, the amendments introduce a contract-based appointment mechanism. This adds flexibility and diversity to the recruitment of clerks assisting judges.
2. Establishment of “Prosecutorial Assistants” System in District Prosecutors’ Offices (Article 66-5; Appendix to Article 73)
Prosecutors are tasked with conducting criminal investigations, initiating public prosecutions, executing prosecutorial functions, and filing appeals. In light of increasing caseloads—particularly those involving telecom fraud—this amendment aims to enhance prosecutorial efficiency and reduce workload pressure by formally establishing the role of prosecutorial assistants within district prosecutors’ offices. These assistants may be hired or contracted and are expected to support prosecutors with case review, legal analysis, and evidence collection. Significantly, individuals holding a valid attorney’s license who serve as prosecutorial assistants may count this period as part of their legal practice experience, given the professional and judicial nature of the work.
3. Addition of “Counseling Psychologists” to Probation Offices (Article 67; Appendix to Article 73)
Under Article 1 of the Psychologists Act, the profession includes both clinical psychologists and counseling psychologists. Previously, the law only allowed for the appointment of clinical psychologists within probation offices. However, the psychological rehabilitation of offenders often requires the involvement of psychological professionals from diverse backgrounds. To address increasingly complex probation cases and facilitate inmates’ reintegration into society, the amendment now includes counseling psychologists as eligible professionals within probation offices. This aims to strengthen the probation system’s capacity for professional counseling and mental health intervention.
(This article was authored by Attorney Lai Yu-Ju of ToMoDaChi Attorneys-At-Law.)
