High Court rejects justice's ask for recusal in KMT versus Wang
The China Post news staffTAIPEI, Taiwan -- The High Court yesterday rejected an application from Judge Wei Li-juan (魏麗娟) to recuse herself from the trial in which the Kuomintang is appealing the injunction of its revocation of Legislative Yuan Speaker Wang Jin-pyng's party membership.
September 25, 2013, 12:08 am TWN
Wei, who was selected by a lot drawing to preside in a three-judge High Court panel on the injunction appeal, applied to High Court Chief Justice Chen Zong-zhen (陳宗鎮) for her removal from the trial as the media highlighted her possible affiliation with the KMT. Chen's husband, Liu Chang-lun (劉昌崙), represented the KMT in elections and had supported President and KMT Chairman Ma Ying-jeou on the campaign trail.
Wei said that she volunteered to recuse herself from the trial even though she is not legally bound to in order to avoid any public doubts on the court's decision. The chief judge, however, rejected her request on the grounds that her circumstances do not constitute the need for recusal.
Article 32 of the Taiwan Code of Civil Procedure stipulates that a judge can voluntarily recuse herself when she, or her spouse, former spouse or fiance is a party to the proceeding or is a co-obligee, co-obligor with, or an indemnitor to a party to the proceeding. A judge is also advised by the Code, among other circumstances, to voluntarily recuse herself when she is either a blood relative within the eighth degree or a relative by marriage within the fifth degree to a party to the proceeding