Judges Act Article 9

An appointee possessing the qualifications under Subparagraph 1, Paragraph 1 of Article 5 shall be deemed to be a judge-in-training for a period of five years. After the training period is fulfilled and the satisfactory evaluation is received, the appointee shall be a judge-on-probation for a period of one year, which shall apply as well to those directly commissioned and assigned through the passing of the judges or prosecutors examination.An appointee possessing the qualifications under Subparagraphs 4 to 7, Paragraph 1 and Subparagraphs 4 to 8, Paragraph 2 of Article 5 shall be a judge-on-probation for a period of two years; the probation period shall be one year for those who have served a total of ten or more years as judges, prosecutors, and civil servants, or who have practiced as attorneys for ten or more years.The judges-in-training appointed as district court judges shall rotate among themselves taking charge of the following matters during the training period, provided that the Judicial Yuan may adjust the assignments depending upon the actual situations:1. Being transferred to the higher court for matters stipulated under Paragraph 3, Article 34 of the Court Organization Act and Paragraph 5, Article 10 of the Administrative Court Organization Act for one year.2. Filling in as associate and commissioned judges at trial panels of district courts for two years.3. Independently presiding over related rulings in civil and criminal cases, civil and criminal cases under summary proceedings, civil small claim proceedings, or criminal cases under summary trial proceedings other than juvenile cases in district courts for two years.From the third year, a judge-in-training in the preceding paragraph may, in addition to presiding independently over matters referred to in Subparagraph 3 of the preceding paragraph, preside over criminal cases under Subparagraphs 1 and 2, Article 376 of the Criminal Procedure Code.The judges-in-training in paragraph 3 shall rotate among themselves taking charge of matters in the order stipulated in various subparagraphs of paragraph 3, provided that the Judicial Yuan may adjust the sequence and the quota allocation of judges for assignments under Subparagraphs 1 and 2 as required by its business; and courts may adjust their respective rotation sequence under Subparagraphs 2 and 3 as required by their businesses.A judge-in-training, who works in a district administrative litigation division of the High Administrative Court, shall serve as an associate judge or a commissioned judge in collegial-trial cases during the training period, but may act alone on cases that are applicable to, or are governed by, summary administrative proceedings.Judges-in-training and judges-on-probation are subject to service performance evaluation, which shall be submitted to the Judicial Personnel Review Committee for review upon fulfillment of their training and probation term. Probationary or tenured judgeship shall be granted for those who pass the review; re-evaluation shall be conducted and submitted for further review within two years for those who do not pass the initial review; training or probationary status shall be discontinued and duties shall be dismissed for those who still do not pass the second review.The items of the service performance referred to in the preceding paragraph shall include knowledge and abilities, professional attitudes, quality of adjudication, character, and integrity, as well as physical and mental health.The Judicial Personnel Review Committee shall consult with the Judicial Selection Committee in conducting its service performance review; before the decision of not passing the review is rendered, notice shall be given to the judge-in-training or judge-on-probation under review to express opinions.The Judicial Yuan shall establish a Review Committee in order to review the adjudication or relevant documents of the judge-in-training or judge-on-probation. The term of office, review criteria, and other matters concerning the Review Committee shall be determined separately by the Judicial Yuan.The Judicial Yuan shall formulate regulations for affairs to be handled during the training or probation period by judges-in-training or judges-on-probation, the evaluation and re-evaluation thereof, and other related matters.
中文原文 法官法第9條
具第五條第一項第一款資格經遴選者,為候補法官,候補期間五年,候補期滿審查及格者,予以試署,試署期間一年。
因法官、檢察官考試及格直接分發任用為法官者,亦同。
具第五條第一項第四款至第七款、第二項第四款至第八款資格經遴選者,為試署法官,試署期間二年;曾任法官、檢察官並任公務人員合計十年以上或執行律師業務十年以上者,試署期間一年。
候補法官任用於地方法院法官者,於候補期間,輪辦下列事務。
但司法院得視實際情形酌予調整之:
一、調至上級審法院辦理法院組織法第三十四條第三項、行政法院組織法第十條第五項之事項,期間為一年。
二、充任地方法院合議案件之陪席法官及受命法官,期間為二年。
三、獨任辦理地方法院少年案件以外之民刑事有關裁定案件、民刑事簡易程序案件、民事小額訴訟程序事件或刑事簡式審判程序案件,期間為二年。
前項候補法官於候補第三年起,除得獨任辦理前項第三款事務外,並得獨任辦理刑事訴訟法第三百七十六條第一款、第二款所列之罪之案件。
第三項候補法官應依該項各款之次序輪辦事務。
但第一款與第二款之輪辦次序及其名額分配,司法院為應業務需要,得調整之;第二款、第三款之輪辦次序,各法院為應業務需要得調整之。
候補法官任用於高等行政法院地方行政訴訟庭法官者,於候補期間,充任合議案件之陪席法官及受命法官,並得獨任辦理適用或準用行政訴訟簡易訴訟程序事件。
對於候補法官、試署法官,應考核其服務成績;候補、試署期滿時,應陳報司法院送請司法院人事審議委員會審查。
審查及格者,予以試署、實授;不及格者,應於二年內再予考核,報請審查,仍不及格時,停止其候補、試署並予以解職。
前項服務成績項目包括學識能力、敬業精神、裁判品質、品德操守及身心健康情形。
司法院人事審議委員會為服務成績之審查時,應徵詢法官遴選委員會意見;為不及格之決定前,應通知受審查之候補、試署法官陳述意見。
司法院為審查候補、試署法官裁判或相關書類,應組成審查委員會,其任期、審查標準等由司法院另定之。
候補、試署法官,於候補、試署期間辦理之事務、服務成績考核及再予考核等有關事項之辦法,由司法院定之。

English translation for reference only; the Chinese text prevails. Not legal advice.