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