Notice of the Disciplinary Commissioner of the Ordinary Court Judges

I hereby declare that, on 26 August 2021, the Deputy Disciplinary Commissioner of the Judges of the Ordinary Courts, Judge Przemysław W. Radzik took up explanatory activities regarding a reasonable suspicion of a disciplinary offence under Article 107, § 1, items 3 and 5 of the Law on the Structure of Ordinary Courts of 27 July 2001 (Journal of Laws of 2020, item 2072, hereinafter: LSO) having been committed, involving an offence against the dignity of the office by an identified judge of the Regional Court in Częstochowa, who, in the last ten days of August 2021, as a public official, the presiding judge of the bench adjudicating in the criminal appeal case of the Regional Court in Częstochowa, overstepped his rights in such a way that, contrary to the wording of Article 42a § 1 and 2 LSO, granted himself the right to review the legality of the appointment of a judge, resulting in him taking up unlawful actions questioning the effectiveness of the appointment and whether the judge – the presiding judge of the bench adjudicating in the court of the first instance – is officially a judge of the District Court in Zawiercie, which could lead to a breach of Article 178, para. 1 of the Constitution and breached the provision of Article 82 § 1 LSO specifying the obligation to act in accordance with the judicial oath, including in particular the obligation to uphold the law and simultaneously, constituting a justified suspicion of a crime having been committed under Article 231 § 1 of the Penal Code, constituted an act which was detrimental to the public interest in the form of the correct functioning of the justice administration.

Notwithstanding the above, the subject matter of the explanatory proceedings is the matter of the possible commitment of disciplinary offences under Article 107 § 1, items 3 and 5 LSO, involving the breach of the dignity of the office by an identified judge of the Regional Court in Częstochowa who, in the first ten days of August 2021, as a public official, a member of the bench adjudicating in criminal appeal cases of the Regional Court in Częstochowa, overstepped his authority in such a way that, contrary to Article 42 a § 1 and 2 LSO, he awarded himself the right to examine the legality of the appointment of a judge, a member of the bench adjudicating in these cases resulting in unlawful actions questioning the effectiveness of the appointment and whether this judge is officially a judge and questioning the legitimacy of the constitutional body of the state – the National Council of the Judiciary which could lead to a breach of Article 178, para. 1 of the Constitution and breached the provision of Article 82 § 1 LSO, which specifies the obligation to act in accordance with the judicial oath, including in particular the obligation to uphold the law, and consequently constituted a justified suspicion that a crime under Article 231 § 1 of the Penal Code had been committed, which was an act to the detriment of the public interest in the form of the correct functioning of the justice administration.  

(-)Piotr Schab, Appeal Court Judge

DISCIPLINARY COMMISSIONER OF THE JUDGES OF THE ORDINARY COURTS

NOTICE

Link to the original publication in Polish:

http://rzecznik.gov.pl/wp-content/uploads/2021/08/Komunikat-RDSSP.pdf