The objectives of the Study of Thai Judges' opinion on the alternatives of the election of the Judicial Commission is to study the history and the concept of the selection process of the Judicial Commission in both Thailand and foreign countries, to study Thai judges' opinion on the said selection, to identity a suitable solution for the Judicial Commission selection and to study the relation between the background factor and the Thai Judges' opinion and the on alternative of the election of the Judicial Commission.
This study is a survey research, which comprises documentary survey and field survey. The instrument used is questionnaire. The sample size consists of 205 District court Judges, 167 Appeal court Judges and 68 Supreme Court Justices which can be relatively classified to be 87%, 67% and 76% of the total number in each category, respectively. This research was analyzed by using descriptive statistics : percentage, mean, standard deviation and Chi-Square.
The results of this research can be concluded that there are systems of judicial personnel management. The first system is that with a Judicial Commission such as France, Italy, Spain and Portugal. The second system is that without Judicial Commission such as England, the United States, Germany, Belgium, the Netherlands, Japan, the Philippines, South Korea, and Malaysia.
The fundamental concepts of judicial personnel management derives from two major principles: the principles of judicial independence, and the principle of check and balance connecting the judicial system to society and the exercise of judicial discretionary power to ensure justice.
According to the 1997 Thai Constitution, the Judicial Commission is composed of the President of the Supreme Court as chairperson, 12 judges and 2 qualified persons who are not judges and selected by House of Senators. Therefore, the Judicial Commission is totally composed of 15 members.
The new way of the Judicial Commission selection has been applied as from July 2000. The four judges who obtain the most votes in each hierarchy of the courts will be elected. They, however, usually get less than 50% of the total votes of 2,773. They are actually not the majority winners. The consequence of the process may cause many severe problems, for example, a block vote of 400 - 500 votes may elect a member.
The research demonstrates that eighty percent of judges are male with the average age of approximate 50 - 59 years old. The remaining female judges have the average age of 40-49 years old. The minimum education background are the LL.B. and the Thai Barrister at law, some earned the LL.M. both domestic and abroad and some earned the doctorate degrees. More than 70% of samples used to be chief judges in district courts, 20% used to be an administrative judges and on judges used to be members of the Judicial Commission.
The research demonstrates that their opinion on organizational structure of personnel management, method of selection, roles of the Judicial Commission, and the campaign are positive. Most of them preferred the current method of selection although they realized that candidates who won 20-30% of voters may be elected. A solution to this problem is that candidate can introduce themselves to all voters in the same way as that of the Senate election process. A drawback of this method is that most senior judges are unlikely to run in the election.
The other solution in the opinion survey method, in which a candidate does not have to apply or run a campaign, is judges will propose the persons whom they think appropriate for the post. The election will be held after the proposed persons agreed to join the process. In this method, the votes will not be widely spreaded.
The proposed candidate can be proud that the judicial community trust in them to take care of the well-being of the judicial community. One issue that was raised here is that members of the Judicial Commission should be elected by absolute majority.
From the statistic test of the relationship between general information and opinion of judges, it was found significantly on the following variables as follows:
-Sexes and the method of election and the role of the Judicial Commission.
-Age and the method of selection.
-Education and personnel management.
-Duration of judicial service and organizational structure, method of election and the role of Judicial Commission.
-Judicial hierarchy and the role of the Judicial Commission.
-Position of chief judges except chief judges attached to the Ministry or office
the judiciary and structure of organizational structure, and method of selection.
-Executive position and organizational structure.
-Membership of the Judicial Commission and organizational structure.
The judicial commission is not the political organization, but it has an independence in personnel management which derived from the concepts of the commission and directorate general, it is free from the intervention of both external and internal power. Besides, it is an open system which can be checked. Then the way to enter into a judicial commission must be without any campaign. It was found in this study that the majority of judges agreed that the election of the judicial commission must be from a majority vote without campaign. It is suitable and consistant with the norm of practice of the judiciary. Then, the study and research should be further conducted in terms of pre-screened or self introduction candidacy in order to apply for the Judicial Commission Selection.