Oct. 15 was the deadline for municipal election management commissions to submit lists of citizens who might serve as lay judges in district courts under a new system that starts next May. Six lay judges will sit with three professional judges in trials dealing with serious crimes such as murder, arson and kidnapping for ransom. The commissions have chosen possible candidates by lottery from voter registration rolls. The commissions and district courts should examine the lists carefully to make sure there has been no manipulation of the lists. They also must be careful to prevent information leaks on people placed on the lists.

For each criminal trial heard under the new system, six lay judges and two reserve lay judges will be needed. According to the Supreme Court, the 2,643 cases that would have been subject to lay-judge trials in 2007 would have required one of every 4,911 voters in Japan to serve as a lay judge.

The first potential candidates will be notified in December 2008. The lists will be valid for one year. Upon notification, people will be asked four questions to determine whether they should be disqualified from serving as lay judges by law, or may otherwise decline the duty. People who are 70 or over and people who are seriously ill fall into the latter category. Farmers may decline during busy times. It is important that those notified answer the questions correctly and submit the requested documents.

For each trial itself, the list will be narrowed down, again by lottery. At least six weeks before the trial begins, the prospective lay judges chosen from the list will receive a summons, which includes more questions and specifies the date when they must report to the court. At court, professional judges will further question the prospective lay judges to ensure that a fair trial will be held and to determine whether anyone has an adequate reason not to sit for the trial. The elections commissions and courts should publicize the process sufficiently to prevent confusion and misunderstanding.