Japan’s system for training legal professionals is undergoing continuous evaluation, with the necessity of practical training – specifically, the *judicial apprenticeship* or *judicial training* (shihō shūsei) – remaining a central point of debate. While the core structure of passing the bar examination, followed by training, and then completion of requisite courses remains in place, the emphasis on the practical component is a key area of discussion.
Currently, aspiring lawyers, judges, and prosecutors in Japan must first pass the National Bar Examination. Successful candidates are then appointed as legal apprentices, as stipulated by Article 66(1) of the Court Act. This is followed by completion of the judicial training courses outlined in Article 67(1) of the same Act. The Legal Training and Research Institute of Japan (LTR Institute), established in under the provision of Article 14 of the Court Act, is the primary body responsible for this training, operating as a facility affiliated with the Supreme Court of Japan.
The LTR Institute’s responsibilities extend beyond simply administering the training. It also conducts research to support judges in their ongoing professional development. Judges are expected to abide by the constitution, laws, and their own conscience, requiring both expertise in judicial practice and a broader education. The Institute provides various research and training programs to facilitate this.
The current training system, significantly revised in , features a one-year course comprised of eight months of field training focused on each judicial function. This is supplemented by training based on the apprentices’ individual choices and collective training sessions. The Institute also utilizes an advisor system to support legal apprentices throughout their training.
Historically, the path to becoming a legal professional in Japan was more straightforward: pass the bar exam, complete training at the Legal Research Institute (established in within the Ministry of Justice), and then pass a final examination. However, this system faced criticism, leading to a major overhaul in . The 2001 recommendations from the Justice System Reform Council advocated for a more coordinated approach, integrating legal education, the bar examination, and judicial training.
The reforms introduced law schools as professional graduate schools, playing a central role in legal education. Practicing lawyers now frequently serve as instructors at these law schools, training the next generation of legal professionals. This shift reflects a broader effort to improve the quality and relevance of legal education in Japan.
The debate surrounding the necessity of the judicial apprenticeship highlights a tension between theoretical legal knowledge and practical application. The emphasis on the *process* of the apprenticeship suggests that the experience itself, rather than simply the completion of the training, is considered valuable. This focus on process is a key element in the ongoing discussion about the optimal structure for nurturing legal professionals in Japan.
The Japanese Bar Federation (JFBA) has been actively involved in these reforms, noting the negative consequences of the previous system that relied solely on a single bar exam. The introduction of law schools and the revised training system represent a significant attempt to address these shortcomings and create a more robust and effective pathway to the legal profession.
While the specifics of the debate regarding the apprenticeship itself remain nuanced, the overarching trend is towards a more comprehensive and practical approach to legal education and training in Japan. The LTR Institute, alongside law schools and the JFBA, continues to play a crucial role in shaping the future of the legal profession within the country.
