Toben is empowered and obliged to carry out disciplinary action against lawyers who violate the Attorneys Law, the Articles of Association and regulations of the Association or of Nichibenren, or commit other professional misconduct. This is one of the most important systems warranting the autonomy of lawyers, as explained in the preceding sections.
A lawyer against whom a complaint is filed charging a statutory or regulatory violation or professional misconduct will first be investigated by Toben's Disciplinary Maintenance Committee, and on the basis of their findings will be examined further by the Disciplinary Actions Committee, which determines the disciplinary measures to be imposed on such lawyer.
The Discipline Maintenance Committee (kouki-iinkai) of the Association consists of up to 100 committee members, comprised of 3 lawyers, 3 judges, 3 public prosecutors and other persons with specialized knowledge and experience. The Discipline Maintenance Committee is organized into 30 subcommittees and 2 special subcommittees. In the event the Discipline Maintenance Committee determines that a lawyer deserves disciplinary action, such lawyer is examined further by the Disciplinary Actions Committee.
Toben's Disciplinary Actions Committee (choukai-iinkai) is comprised of 8 lawyers, 2 judges, 2 public prosecutors and 3 persons with specialized knowledge and experience. In the event the Disciplinary Actions Committee concurs in the view of the Disciplinary Maintenance Committee, the lawyer in question will be subjected to either a reprimand, a suspension from legal practice for up to 2 years, an order to withdraw from the bar association or disbarment. An appeal may be filed with Nichibenren and a further appeal may be made to the Tokyo High Court, to reexamine the disciplinary action imposed.
Toben's Disciplinary Actions Committee (choukai-iinkai) is comprised of 8 lawyers, 2 judges, 2 public prosecutors and 3 persons with specialized knowledge and experience. In the event the Disciplinary Actions Committee concurs in the view of the Disciplinary Maintenance Committee, the lawyer in question will be subjected to either a reprimand, a suspension from legal practice for up to 2 years, an order to withdraw from the bar association or disbarment. An appeal may be filed with Nichibenren and a further appeal may be made to the Tokyo High Court, to reexamine the disciplinary action imposed.
The revision to the Attorneys Law in 2003 established the Board of Discipline Review (kouki-shinsakai) for purposes of reviewing the conclusions in cases where Nichibenren decides not to impose the disciplinary action on the lawyers in question. The Board of Discipline Review, an organization under Nichibenren, is comprised of members who have specialized knowledge and experience, but who are not lawyers, and reviews the validity of the conclusions of Nichibenren. The aim of the revision is to ensure that the discipline process is fair and proper and to enhance public confidence in the autonomy of lawyers by involving ordinary citizens in the process of lawyer discipline.
