The judiciary serves as one of the three branches of government. There are concerns over its decline.
The number of people who pass the bar exam continues to decrease. The number of successful examinees this year was 1,502, a decrease for the fourth consecutive year. The government goal of at least 1,500 successful examinees was only just achieved.
The number of examinees this year was 4,466 -- half that of eight years ago -- and the figure has been decreasing in recent years by 700 to 1,000 every year. The situation is grave.
If the lack of interest in the legal field continues, it will lead to a decline in judicial services for the public. The foundations of the judicial system could be shaken.
The main cause is that the legal training system, primarily managed by law schools, is not functioning well.
Many of the 74 law schools that had been established in Japan failed to produce sufficient numbers of students able to pass the bar exam. To date, 39 such schools have had to close or announce the suspension of admissions.
On the other hand, there is a significant number of people who aim to join the legal profession after passing a preliminary exam that allows them to qualify for the bar exam without having to complete law school. The system of providing practical education and nurturing field-ready skills at law schools is clearly becoming less effective.
The government is seeking a breakthrough by establishing a five-year legal course -- three years of study at the law faculty of a university and two years at a law school. It also plans to make it possible for law school students to take the bar exam before they have completed their studies, enabling them to be qualified about two years earlier than under the current system.
Flexible courses vital
Shortening the time needed to take the bar exam would help to reduce students' burdens, such as school fees. However, even if such a course is established, there will be no way to stem the decreasing numbers of people entering the profession unless the percentage of law school graduates passing the bar exam significantly improves from the current 29 percent.
Forty-seven universities have expressed their intention to offer such a course, but they include institutions that have had law schools in the past and closed them. Universities and law schools must work together to establish curricula that nurture legal professionals and improve the quality of education.
Little progress has been made in the utilization of diverse human resources through judicial system reforms.
Few people with work experience enter law schools. Some people may be reluctant to take the plunge because the exam pass rate for the bar remains low.
With the creation of new industries and the advance of globalization, fields in which the administration of justice is needed are expanding. It is important that people from a variety of backgrounds become legal professionals.
The government should consider expanding night courses and introducing correspondence courses so that people who have jobs can study while working. It is hoped that law schools will also make efforts, such as by increasing the number of teaching assistants.
(From The Yomiuri Shimbun, Sept. 29, 2019)
Read more from The Japan News at https://japannews.yomiuri.co.jp/
