[Guozun Law Firm] Discussing the Career Choices of Judges’ Children: Can a Judge’s Child Become a Lawyer?

Legal Regulations on Judges Resigning and Engaging in the Legal Profession as Lawyers

After resigning from the people’s court, a judge who engages in the legal profession as a lawyer must comply with the following laws and regulations: within two years from the date of leaving the people’s court, a judge may not act as a litigation agent or defender in the capacity of a lawyer. After leaving office, a judge is also strictly prohibited from acting as a litigation agent or defender in cases handled by the court where he originally served. The judge’s spouse and children are likewise not allowed to act as agents or defenders in litigation involving cases handled by the judge’s original court.

Legal professionals such as judges, prosecutors, lawyers, and notaries, after leaving office or retiring, must undergo a one-year transition period. During this period, they must comply with relevant restrictions, such as not engaging in business related to their former profession in law firms and similar institutions.

Legal analysis points out that a judge with lawyer qualifications may engage in the legal profession as a lawyer after resignation, but relevant laws impose “non-competition restrictions” on such activity.

According to relevant legal provisions, the two-year restriction after a judge resigns is that he may not act as a litigation agent or defender in the capacity of a lawyer.

This restriction does not prevent a judge from acting, in a non-lawyer capacity, as a litigation agent or defender in cases handled by other courts. [Legal Basis] The Implementation Opinions of the Supreme People’s Court on Carrying Out the Judge Law provide that the employment restriction period for judges of the Supreme People’s Court and personnel at the department level or above after leaving office is three years, while for other personnel it is two years, and during the restriction period they may not be employed by law firms.

A judge with lawyer qualifications may engage in the legal profession as a lawyer after resignation, but must comply with the corresponding legal “non-competition restrictions.” Article 41 of the Lawyers Law provides that a lawyer who previously served as a judge or prosecutor may not act as a litigation agent or defender within two years after leaving the people’s court or people’s procuratorate.

If the father is a judge, can the child become a lawyer?

According to the relevant laws and regulations of our country, a judge’s child may not act as a lawyer within the jurisdiction of the court where the father serves. This is to ensure judicial fairness and avoid conflicts of interest. For non-immediate relatives, the law does not make explicit provisions, which means that non-immediate relatives may engage in legal practice within the jurisdiction of the court where the judge serves or in other regions.

Even so, the children of judges may be subject to certain restrictions in the course of legal practice, especially in cases before the court where their father serves.

According to Article 24 of the Judge Law, if a judge’s spouse, parents, or children serve as partners or founders of a law firm within the jurisdiction of the court where the judge serves, or act as litigation agents or defenders in the capacity of lawyers, the judge shall be subject to recusal from office.

Latest regulations on retired judges engaging in the legal profession

The employment rules for retired judges clearly provide that within two years after leaving office, a retired judge may not act as a litigation agent or defender in the capacity of a lawyer, nor may he act as a litigation agent or defender in cases handled by the court where he originally served, unless acting as the guardian or close relative of a party in litigation or defense.

[Legal Analysis] According to the Judge Law, the Prosecutors Law, and the Lawyers Law of our country, although former judges and prosecutors may not act as litigation agents or defenders in the capacity of lawyers within two years after leaving office, they are not prohibited from engaging in the legal profession as lawyers after retirement, and this is unrelated to retirement benefits.

Legal analysis further points out that if a judge who has left office or retired has lawyer qualifications, he may engage in the legal profession as a lawyer, but must comply with the “non-competition restrictions” prescribed by law.

Rules on family members of judicial bureau staff engaging in legal work

Whether family members of judicial bureau staff may engage in legal work depends on the position of that staff member. In order to maintain judicial fairness and integrity, family members of court leading cadres and judges in trial and enforcement positions who engage in legal practice within the jurisdiction of the court where they serve shall be subject to recusal from office.

If a lawyer’s spouse works in a court, that lawyer will not be able to represent others in court within the jurisdiction of the court where that judge serves. If the rules are violated, the party concerned may file a complaint with the court or the judicial bureau, and corresponding handling will be carried out.

The free lawyer services provided by the judicial bureau are intended to provide legal aid for groups unable to afford legal fees. These lawyers possess professional legal knowledge and skills, have passed qualification certification, belong to the civil servant system, and only engage in legal aid work without charging agency fees.

In our country, the legal profession implements a practice licensing system. One must pass the national unified legal professional qualification examination and obtain a certificate of qualification before being able to apply for legal practice. Retired persons, after retiring from the judicial bureau, may also apply to become lawyers so long as they meet the qualifications for legal practice and a law firm is willing to accept them and provide internship training.

Prohibitive provisions on retired judges engaging in the legal profession

The prohibitive provisions on retired judges engaging in the legal profession mainly include the following: within two years after a judge leaves the people’s court, he may not act as a litigation agent or defender in the capacity of a lawyer; he may not act as a litigation agent or defender in cases handled by the court where he originally served; and the judge’s spouse and children may likewise not act as litigation agents or defenders in cases handled by the court where he originally served.

According to Article 17 of the Judge Law of the People’s Republic of China, within two years after leaving office, a judge may not participate in litigation agency or defense work in the capacity of a lawyer, in order to ensure the impartiality of former judges and avoid conflicts of interest and improper influence.