Question from a reader:
Despite repeatedly asking the court to stop the misconduct, they are proceeding with an unfair trial, saying, “It’s the rule.” Isn’t this response from the court itself a form of misconduct? How can we correct the actions of the court, which seems to be using the trial to cover up its own wrongdoing?

Confronting Court Misconduct

I can
understand the anxiety and anger of the person asking the question. It is very painful to feel that trust in the judicial system is wavering and that justice is not being established. The court’s insistence on proceeding with misconduct under the guise of “it’s the rule” goes against the ideals of a rule of law. This time, I would like to consider how to confront such misconduct from a legal perspective.

What is Misconduct?

First, let’s think about the definition of “misconduct.” In legal terms, misconduct typically refers to actions that violate laws or regulations. If the basic principle that trials should be fair and conducted according to the law is not upheld, it can be called misconduct. What the questioner is complaining about is that the court claims to be acting based on “the rules,” while the reality is that it is engaging in misconduct. This contradiction is a very serious issue from a legal standpoint. If the court abuses its authority to hide its misconduct, it undermines the very foundation of the rule of law.

Approaches to the Court

So, how can we specifically correct such misconduct? Let’s consider a few approaches.

1. Gather Evidence

First and foremost, it is essential to gather evidence. If you feel that the court is engaging in misconduct, without being able to present evidence, it will be treated merely as a subjective opinion. The right to a fair trial is guaranteed by the constitution, but to realize that right, specific evidence is necessary. It is important to collect as much information as possible, such as documents, records, and witness testimonies.

2. Consult a Lawyer

Next, it is also important to seek the opinion of a professional. Lawyers are legal experts and can provide advice on specific cases. Issues that cannot be resolved on your own may be addressed by consulting a legal expert, potentially allowing for legal action to be taken. Especially if you are dissatisfied with a court decision, you can request an appeal or retrial only if that decision is contrary to the law.

3. Appeal to Public Institutions

Furthermore, it may be possible to submit an appeal against the court to public institutions. For example, there are complaints that can be filed with the Ministry of Justice or the Supreme Court. This allows for oversight by institutions that can verify whether the court’s actions are appropriate.

Off-the-Record Story

Here, a brief aside. When I was working part-time at a judicial scrivener’s office, a client shared their experience with me. “The events at the court were so unreasonable that I didn’t know what to do anymore,” they said. They claimed that despite having evidence, the judge ignored it. I remember being shocked when I heard that, thinking, “Can such a thing really happen?” I had believed that the judicial system would not allow misconduct, but the reality was harsh.

The Importance of Continuing to Seek Justice

Justice under the law is one of the ideals we believe in. However, I think we should always question how much that ideal is reflected in reality. The problems faced by the questioner are by no means unique. Many people are confronted with legal misconduct. Even in such situations, I believe that continuing to seek justice will ultimately empower us to improve the legal system.

Conclusion

When you feel that the court’s actions are unjust, there are several means to correct that injustice. It is important to gather evidence, consult experts, and, if necessary, appeal to public institutions. Moreover, maintaining a questioning attitude toward the judicial system is our individual responsibility. By raising our voices and taking action, we can help create a better society, even if just a little.