Thank you very much for your support of "Regional wage disparities are unconstitutional! Lawsuit to protect the independence and conscience of judges."

We are pleased to report that on Monday, June 2, 2025, the third oral argument in the case "Regional wage disparities are unconstitutional! Lawsuit to protect the independence and conscience of judges" was held at the Nagoya District Court. (Reiwa 6 (Gyo-u) No. 53, Nagoya District Court, Civil Division 1, Joint Section C, Labor Division, Joint Committee)

Following the first and second oral arguments, protesters entered the courtroom holding placards listing the regional allowance percentages for each local government.

Some of the judges have been replaced since the third oral argument. Therefore, in order to help the judges understand the key points of the trial, the plaintiff's attorney, Takashi Saito, presented a "written statement regarding the update of oral arguments."

An update of oral argument is a statement of the results of oral argument to date when a judge is replaced.

Attorney Saito Takashi reiterated that Article 80, paragraph 2 of the Constitution prohibits reduction of the regional allowances paid to judges, and that the plaintiff, Takeuchi Hiroshi, has been subjected to unconstitutional and illegal discrimination in promotion and salary increases.

Next, Mr. Takeuchi himself presented the fourth preparatory document.

Takeuchi retired from his position as a judge at the end of March this year, with about two and a half years left until the mandatory retirement age of 65. He claimed that the reason for this was that he had been subjected to unfair and discriminatory personnel decisions.

In addition, he pointed out that judges who, like Takeuchi, have made harsh rulings against the administration have been subject to unfair and discriminatory personnel decisions, and that if this situation continues, it will lead to negative effects such as a decrease in the number of people aspiring to become judges and a decline in morale among current judges.

On the other hand, the defendant also submitted Preparatory Brief No. 1 and Preparatory Brief No. 2. The documents submitted by both sides so far can be read at the links below.

https://www.call4.jp/search.php?type=material&run=true&items_id_PAL[]=match+comp&items_id=I0000136

On this day, a report meeting was held after the oral arguments. Many media representatives and supporters attended, filling the venue to capacity.

At the report meeting, Mr. Takeuchi was also interviewed by the Lawyer JP News. Mr. Takeuchi severely criticized the defendant's attitude of only talking about abstract institutional theory. You can read the report meeting article by the Lawyer JP News at the link below.

"They are underestimating judges too much" - What are the issues of "promotion and salary increase discrimination" that a former "talented judge" spoke about in the third oral argument in a lawsuit against the "government"?

https://news.yahoo.co.jp/articles/d2b7ac9ee4d2d3dec220bd3a1e67fe5d48e2e141

The fourth oral argument will be held on Wednesday, October 1, 2025 at 2:00 p.m. in Courtroom No. 1 of the Nagoya District Court.

We appreciate your continued support for our legal costs.

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Regional wage disparities are unconstitutional! Lawsuit to protect judges' independence and conscience

https://www.call4.jp/info.php?type=items&id=I0000136

Nagoya City Ombudsman Regional Allowance Issues

http://www.ombnagoya.gr.jp/tokusyuu/takeuchi/index.htm

Thank you very much for your support of "Regional wage disparities are unconstitutional! Lawsuit to protect the independence and conscience of judges."

We would like to report that on Wednesday, February 19, 2025, the second oral argument of the "Regional wage disparities are unconstitutional! Lawsuit to protect the independence and conscience of judges" was held at the Nagoya District Court. (Reiwa 6 (Gyo-u) No. 53, Nagoya District Court, Civil Division 1, Joint Section C, Labor Division, Joint Judgment)

Following the first oral argument, a courtroom protest was held in front of the Nagoya District Court on this day as well.

Lawyers representing the group and supporters marched holding placards listing each municipality's local allowance percentage.

At the hearing that day, the plaintiff's attorney, Morita Shigeru, first presented the second preparatory brief.

There is a significant disparity in promotions and salary increases between the plaintiff, Judge Takeuchi Hiroshi (Tsu District Court), and other judges of the same or higher rank.

However, in its previous response, the defendant avoided admitting or denying the existence of the above-mentioned significant disparity, stating that "as it is not relevant to this case, I do not recognize the need to admit or deny it."

The defendant is avoiding admitting or denying the above allegations because doing so would mean that the defendant itself would be admitting that there was a clear disparity between the plaintiff and the defendant in terms of promotions and salary increases.

The court stated that the significant disparity in the plaintiffs' promotions and salary increases is an important aspect that has a strong bearing on the outcome of this case, and that the defendants should not be allowed to avoid admitting or denying it.

We also asked the defendant to provide more specific explanations regarding the judges' salary increases and the plaintiff's evaluation, which were based on abstract explanations provided by the defendant in its answer.

Next, plaintiff's attorney, Yoichi Iwai, presented the third preparatory brief.

The defendant argues that "the local allowance is a salary, but it is not a judge's remuneration.The Constitution prohibits reduction in the judge's remuneration."

However, the regional allowance was created in response to criticism that public servants' salaries were too high compared to those in the private sector, and the salary level of national public servants was uniformly reduced, while a portion of the surplus resulting from this was used as the source of funds to reallocate salaries in proportion to the private sector wage level in the region.

In other words, he said that the regional allowance is a form of compensation that has been reduced and reallocated.

If judges are assigned to local areas and their local allowances are reduced or eliminated, there is a possibility that judges will take cases for reasons other than the law and conscience in order to avoid having their salaries reduced, which will have a negative impact on the country's judicial system.

He also stated that the disparities arising from regional allowances are unreasonable and violate Article 14 of the Constitution, which prohibits unreasonable discrimination.

In addition to the attorneys representing the parties, many media representatives and supporters attended the report meeting following the second oral argument, filling the 50-seat venue to capacity.

The next oral argument, the third session, will be held on Monday, June 2, 2025 at 2:00 p.m. in Courtroom No. 1 of the Nagoya District Court.

We appreciate your continued support.

Thank you very much for your support of "Regional wage disparities are unconstitutional! Lawsuit to protect the independence and conscience of judges."

We are pleased to announce that on Wednesday, October 16, 2024, the first oral argument of the "Regional wage disparities are unconstitutional! Lawsuit to protect the independence and conscience of judges" was held at the Nagoya District Court. (Reiwa 6 (Gyo-u) No. 53, Nagoya District Court, Civil Division 1, Joint Section C, Labor Division, Joint Judgment)

・Video of the press conference and report meeting after the oral argument

https://www.youtube.com/watch?v=PSPsCm0aOX8

This lawsuit has attracted so much attention that numbered spectator passes were distributed in advance of the trial, and before the trial began, a protest was held in front of the Nagoya District Court. Nearly 40 people, including lawyers and supporters, gathered and marched holding placards listing the regional allowance percentages for each local government.

In this case, a sitting judge who had his salary significantly reduced due to being transferred to a rural area is suing the government as the plaintiff.

The plaintiff's first preparatory brief and opinion, as well as the defendant's reply and Exhibit B, can be read in the "Litigation Documents" section on the page below.

https://www.call4.jp/info.php?type=items&id=I0000136

After the summary of the complaint was stated, Judge Takeuchi Hiroshi (Tsu District Court) for the plaintiff presented Preparatory Brief 1.

The reason for filing this lawsuit was not only 1) a lecture at my alma mater, 2) writing a book, and 3) testifying at the Judicial Impeachment Tribunal, but also

① The lawyer resigned voluntarily as soon as he was transferred to the Toyohashi branch of the Nagoya District Court.

② Although all of his peers became chief judges of the high court or higher, he remained as chief judge of the Tsu district court (for the fourth year)

3) Even though regional allowances are due to be reviewed in 2024, the Supreme Court was not asked for its opinion.

When he held a press conference in April 2024 announcing the lawsuit, it was reported more widely than he expected, and it affected not only national government employees but also local government employees and users of facilities operated by local government organizations, and it became clear that the regional disparity in wages in general, including in the private sector, was also affected. He stated that he would like to directly question the judges involved about why they are engaging in blatant discrimination in promotions and pay increases.

Next, attorney Satoshi Shinkai, representing the plaintiff, presented his opinion.

Before being appointed as a judge in 2003, plaintiff Takeuchi Hiroshi was involved in many resident lawsuits as a member of the Nagoya Citizens' Ombudsman.

In particular, he filed a lawsuit to invalidate the Aichi Prefectural Assembly election and the Nagoya City Assembly election on the grounds of unequal voting value, with himself as the plaintiff, and with a strong determination to correct through the courts the failure to realize constitutional values.

This lawsuit embodies the philosophy of citizen ombudsman activities, which is to "correct things by using the system ourselves," rather than "waiting in the hope that someone will correct this someday."

He also played a driving force in rapidly increasing transparency in government administration in the late 1990s, in cases such as lawsuits brought by residents against collusion in water supply and sewerage construction projects and lawsuits brought by residents against a "division" of the Nagoya City Council.

This lawsuit has attracted attention because a sitting judge has sued the Supreme Court, but the real issue is that "until this lawsuit was filed, no one dared to speak up."

This raises common challenges not only for the judges presiding over the case but for all citizens.

The head of the defense team, lawyer Mikio Mizuno, also submitted a written opinion.

After completing his legal training in 1987, Takeuchi Hiroshi joined the Nagoya Nanbu Law Office, and the judge in charge of supervising the trainees expressed envy, saying, "Why did such a talented person as Takeuchi join the Nagoya Nanbu Law Office?"

In addition to general civil cases, Takeuchi has won lawsuits for the recognition of death from overwork as an industrial accident and for wage discrimination. He also participated in a legal team for a pollution lawsuit.

I belonged to the Nagoya Bar Association's Criminal Defense Committee and served as the chairman of its Visitation and Traffic Subcommittee, and I believe that my high evaluation within the Bar Association led to me being recommended for appointment by the Bar Association.

In response to the Chubu Bar Association's Council on the Selection of Eligible Judges for Attorney Appointment, Takeuchi stated, "I would like to follow my conscience and become a judge worthy of attorney appointment, bring a breath of fresh air to the court, and establish public trust in the judiciary."

The Supreme Court is tightening its grip on blogging, with Takeuchi being questioned by the head of the Oita District Court over his blog, and the presiding judge of the Osaka High Court asking him if he would continue blogging. After listening to Takeuchi's testimony as a defense witness in the impeachment trial of Judge Okaguchi, I learned, albeit belatedly, that judges are deprived of freedom of speech and expression, and are in a situation where it is virtually impossible for them to even blog.

We believe that the extreme discriminatory treatment of Mr. Takeuchi by the Supreme Court is due to his activities as a central member of the Japan Judges Network and his continued communication to the outside world through a blog he has been using his real name since March 2006.

The next oral argument is scheduled to take place on Wednesday, February 19, 2025 from 10:30 to 11:00 in Courtroom No. 1 of the Nagoya District Court.

A press conference and report meeting are scheduled for Wednesday, February 19th after the oral arguments (around 11:00 a.m.). (The venue will be announced as soon as it is decided.)

The press conference that followed was packed to capacity, with nearly 50 people in attendance, including 15 lawyers representing the plaintiff, media representatives, and supporters.

We also collected 21,000 yen in donations at the venue. (This will be deposited in a bank account separate from CALL4.)

Attorney Yuji Nakatani says judges also have basic labor rights

Attorney Mariko Yamada says seven lawyers were denied appointment in the 23rd legal training session, and Judge Miyamoto was also denied reappointment during the same period.

Secretary-General Sakae Kitamura, a lawyer, said he is running a crowdfunding campaign to cover legal costs with a goal of 1 million yen.

https://www.call4.jp/info.php?type=items&id=I0000136

24/12/14 (Sat) 10:00am - Attorney Sakae Kitamura invites Ms. Sanae Fujita from the UK to participate in the study session "Judicial independence from the perspective of international human rights" (KKR Hotel Nagoya)

https://ombuds.exblog.jp/30499918/

Below is a summary of the reports.

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Wednesday, October 16, 2024 16:37 CBC

"The disparity in regional allowances is unfair" - sitting judge files lawsuit in Nagoya (15%), Tsu (6%)

https://newsdig.tbs.co.jp/articles/cbc/1492128?display=1

October 16, 2024 19:09 Nagoya TV

A lawsuit begins against a sitting judge at the Tsu District Court seeking compensation from the government. The government requests that the claim be dismissed.

https://www.nagoyatv.com/news/?id=026905

October 17, 2024 8:07 Chukyo Television

Active judge sues government, arguing that "reduction in salary due to local transfer is unconstitutional"; government prepares to fight to the end, Nagoya District Court

https://news.ntv.co.jp/n/ctv/category/society/ctf4f17fa929a34f20b99614a0b1422032

October 16, 2024 19:35 Asahi Shimbun

Judges are a "black workplace" - Plaintiff judge in lawsuit over regional allowances

https://www.asahi.com/articles/ASSBJ349DSBJOIPE028M.html

October 16, 2024 18:26 (Updated October 16 18:32) Chunichi Shimbun

Government side requests dismissal of lawsuit, saying regional allowances for judges are not included in remuneration

https://www.chunichi.co.jp/article/972670

Thank you very much for your support of "Regional wage disparities are unconstitutional! Lawsuit to protect the independence and conscience of judges."

On Tuesday, July 2, 2019, we would like to announce that we have filed a lawsuit in the Nagoya District Court, "Regional wage disparities are unconstitutional! Lawsuit to protect the independence and conscience of judges." (Reiwa 6 (Gyo-u) No. 53, Nagoya District Court, Civil Division 1, Joint Section C, Labor Division, Joint Judgment)

・Press conference after lawsuit filing (youtube)

https://www.youtube.com/watch?v=JnjNpyyJXjM

We were pleased to see that nearly 30 people, including lawyers and supporters, gathered at the lawsuit action held in front of the Nagoya District Court and marched holding placards listing the regional allowance rates for each local government.

The press conference room in Nagoya was packed with more than 30 media representatives in addition to the 11 lawyers representing the plaintiff.

A separate online connection was also made to a press conference room in Tokyo, with the participation of three attorneys representing the plaintiff, six media representatives, and former Judge Okaguchi Motokazu.

The news was published in over 10 media outlets, including NHK, Chunichi Shimbun, and various online media!

We have received many further requests for interviews and are attracting more attention than we expected.

This lawsuit is filed by a sitting judge who has been ordered to transfer and had his salary significantly reduced, and is suing the government as the plaintiff.

Doesn't a reduction in salary on the grounds of a "regional allowance" violate Article 80, Paragraph 2 of the Constitution, which guarantees the status of judges?

The "regional allowance" is not just an issue for national civil servants, but is also used as a reference for the salaries of local civil servants and non-civil servants, so the legal team believes that it directly affects the lives of many citizens and creates "government-created regional economic disparities."

Thank you all so much for your continued support.

== ...

July 2, 2024 17:13 Bengo4.com News

Active judge files lawsuit claiming "regional allowances are unconstitutional" and "this system should be abolished"

https://www.bengo4.com/c_1017/n_17720/

July 2, 2024 18:03 NHK Mie

Active judge files lawsuit over disparity in regional allowances, seeking salary cuts, etc.

https://www3.nhk.or.jp/lnews/tsu/20240702/3070013205.html

Posted on July 2, 2024 at 18:33 by Jiji Press

"Reduction of regional allowance due to transfer is unconstitutional" - Tsu District Court judge files lawsuit against government - Nagoya District Court

https://www.jiji.com/jc/article?k=2024070200963&g=soc

July 2, 2024 18:39 Kyodo News

Judge incumbent at Tsu District Court files unprecedented lawsuit against government, saying pay cuts due to transfers are unconstitutional

https://www.47news.jp/11140788.html

July 2, 2024 18:39 Tokyo Shimbun (Kyodo News)

Judge incumbent at Tsu District Court files unprecedented lawsuit against government, saying pay cuts due to transfers are unconstitutional

https://www.tokyo-np.co.jp/article/337468

July 2, 2024 19:47 Nagoya TV

"Reduction in salary due to transfer is unconstitutional" - Current Tsu District Court judge sues government for 2.4 million yen salary reduction

https://www.nagoyatv.com/news/?id=025118

July 2, 2024 19:58 Asahi Shimbun Toshinari Takahashi

Disparity in regional allowances "violates the constitution" - sitting Tsu District Court judge sues government

https://www.asahi.com/articles/ASS723C2LS72OIPE001M.html

July 2, 2024 20:31 NHK Tokai NEWS WEB

Tsu District Court judge sues over disparity in regional allowances, seeking salary cuts and other compensation

https://www3.nhk.or.jp/tokai-news/20240702/3000036316.html

July 2, 2024 20:34 (Updated July 2, 20:34) Chunichi Shimbun

20% in Tokyo, 6% in Tsu... Difference in "regional allowances" for civil servants violates the Constitution, says current judge in unprecedented lawsuit

https://www.chunichi.co.jp/article/921913

2024/7/2 21:00 Sankei Shimbun

A sitting judge sues the government, claiming that salary reductions due to transfers are unconstitutional

https://www.sankei.com/article/20240702-TS7ABOVO55NANOKGRUA6VSQ7LE/

2024/07/02 21:51 Yomiuri Shimbun

A sitting judge at the Tsu District Court sues the government, claiming that a 2.38 million yen reduction in his salary over three years compared to that of the Osaka High Court is unconstitutional

https://www.yomiuri.co.jp/national/20240702-OYT1T50157/

July 3, 2024 6:16 Chukyo Television

Active judge files "unprecedented" lawsuit against government, seeking 2.4 million yen in damages, Nagoya District Court

https://news.ntv.co.jp/n/ctv/category/society/ct108738d4b0b74289a58694f572aee70e

Wednesday, July 3, 2024 08:17 CBC

"It is unconstitutional for regional allowances to be reduced depending on the place of posting," says sitting judge suing government

https://newsdig.tbs.co.jp/articles/cbc/1269988?display=1

July 3, 2024 16:55 Lawyer JP Editorial Department

Was the "regional disparity" in salaries of office workers "manufactured by the government?" A currently serving judge files an unusual lawsuit against the "country": "I will fight for the future of all citizens"

https://www.ben54.jp/news/1289