Judge Adam Synakiewicz from the District Court in Częstochowa received seven disciplinary charges. Deputy disciplinary spokesman Przemysław Radzik brought them to him for the judgments of July and August 2021, in which Synakiewicz questioned the composition of the court with the participation of judges promoted by the current political National Council of the Judiciary, OKO.press reported. The judge does not agree with the allegations.
A judge of the Częstochowa district court – as the OKO.press portal wrote on Thursday – was charged with disciplinary action on September 13. He found out about them from the letter of Przemysław Radzik, deputy disciplinary spokesman for judges.
According to OKO.press, Judge Synakiewicz received six charges for submitting six separate sentences in July 2021. The reason for submitting them was that the adjudicating panel that issued them was a judge appointed by the present National Council of the Judiciary and Synakiewicz decided that for this reason the court was poorly filled.
Radzik was supposed to classify it as a violation of the dignity of a judge and an abuse of powers. According to OKO.press, the deputy disciplinary spokesman also decided that Synakiewicz himself granted himself the competence to examine the legality of a neo-judge and the legality of the new National Council of the Judiciary, which was to break the unconstitutional muzzle law, prohibiting examining the status of neo-judges.
The judge was to receive the seventh charge for revoking the judgment in August 2021 issued by the judge appointed by the new KRS from the District Court in Zawiercie.
Przemysław Radzik, quoted by OKO.press in the decision on the charges against, wrote that the type of “acts committed by the judge from the point of view of the form of intention, his premeditation and their highly negative consequences in terms of the proper functioning of the judiciary, the interests and rights of judges directly concerned” the unlawful actions of Adam Synakiewicz and, above all, the constitutional principles of the legal order of the Republic of Poland, violate the essential interests of the service. “
Also read: Przemysław Radzik was promoted
Judge Synakiewicz: I do not agree with the allegations
Judge Synakiewicz told the portal that he “does not agree with the allegations”. “I have not examined the legality of the appointment of any judge. I have not questioned the effectiveness of the appointment of a judge, or the existence of his service relationship. The court in which I sat examined whether the bench [z neo sędzią – red.] was an independent and impartial court. It is a different issue, ”he said in an interview with OKO.press.
He added that disciplinary charges against him “will not affect his attitude as long as he returns to performing his judicial duties.”
The Minister of Justice removed Judge Synakiewicz from his duties
In early September, the Minister of Justice Zbigniew Ziobro removed the judge from performing his official duties. The spokesman of the Częstochowa district court, Judge Dominik Bogacz, said that “the minister announced that he had ordered a break in the duties of Judge Synakiewicz until a resolution in his case was adopted by the disciplinary court, but for a period not longer than a month.” Judge Bogacz added that the minister’s decision was based on two judgments from the end of July and from August. In the first case, the judge issued a dissenting opinion sitting in a panel of three, in the second case, where he adjudicated in a single judge, he quashed the judgment of the first instance court and referred the case for reconsideration.
– The whole story related to the application by the court in which I sat, the judgments of the European Court of Human Rights as well as the Court of Justice of the European Union, began in July this year. Then, sitting in a collegiate panel, i.e. a panel of three, three professional judges, in which we heard appeals brought by the parties to the proceedings, to the six judgments of the courts in which I sat, I submitted dissenting opinions – judge Synakiewicz told TVN24.
– In my opinion, the court in which I adjudicated was an unduly served court as defined by the European Court of Human Rights, as well as by the Court of Justice of the European Union. Then, acting as the District Court in Częstochowa, this time in a one-person panel, I heard an appeal, in which there was an allegation that the court was not properly staffed. This objection was shared by the court in which I adjudicated. The District Court in Częstochowa quashed the judgment of the District Court in Zawiercie and remitted the case to the District Court in Zawiercie for re-examination due to the fact that, in the opinion of the District Court, and I will emphasize it, not in my private opinion (…) the judgment was burdened with an absolute appeal ground . This absolute ground of appeal was an inadequate court appointment. In my opinion, this should end the whole case when it comes to binding me as a judge of the District Court in Częstochowa with this proceeding – added the judge.
OKO.press reported that on Monday, September 20, Synakiewicz returned from vacation and went to work as usual, but was not allowed to work. However, he has not been cut off from the IT system and case files, so he will be able to prepare to conduct them when the suspension period expires in early October. The portal noted that it is not known whether Synakiewicz will return to work in October. In the event that a judge has a disciplinary charge for alleged violation of powers, the decision to reinstate him or suspend him or her is made by an unrecognized Disciplinary Chamber.
The case of judge Gąciarek
13th of September Piotr Gąciarek, judge of the District Court in Warsaw, was temporarily suspended from performing the duties official services by the president of that court and, at the same time, the disciplinary spokesman for judges of common courts, Piotr Schab. Gąciarek refused to adjudicate in one bench with Stanisław Zdun, appointed with the participation of the new National Council of the Judiciary.
OKO.press wrote that an investigation is already pending in this case. According to the portal, the judge is facing further disciplinary proceedings for participating as a speaker at a conference organized by the then ombudsman, Adam Bodnar, and the Supreme Bar Council.
Gąciarka was to be summoned by the deputy disciplinary spokesman at the Court of Appeal in Warsaw, Anna Nowakowska, who conducts the investigation in connection with the judge’s participation in the conference “Procedures sick with COVID. How the pandemic affected civil, criminal and administrative court procedures” on July 1 2021. According to OKO.press, the disciplinary officer assumed that this was the judge’s additional activities and asked if he had the consent of the president of the court. Judge Gąciarek replied to the spokeswoman that he had not informed the president of the court about participation in the conference, because participation was free of charge. It was not an additional activity that is subject to the notification requirement.
Main photo source: TVN24