Michał Romanowski, representing Paweł Juszczyszyn, sent an open summons to the President of the District Court in Olsztyn, Maciej Nawacki, regarding the reinstatement of the judge. “The timer of your legal responsibility is ticking faster and faster!” – he wrote. On Wednesday, Nawacki issued a statement in which he wrote that there had been “an arbitrary, complete cessation of official duties” by Juszczyszyn.
On Thursday, acting on behalf of Judge Paweł Juszczyszyn, attorney prof. dr hab. Michał Romanowski from the M. Romanowski & Partners Law Office sent an open summons to the President of the District Court in Olsztyn, Maciej Nawacki, regarding the reinstatement of the judge.
“To this day, i.e. for 50 days, you have been ignoring the decision, as well as the situation of the parties and participants in the proceedings in the 1st Civil Department and the 3rd Family and Juvenile Department of the SR in Olsztyn, acting to their detriment” – the lawyer turned to Nawacki.
“Therefore, I was forced to once again submit a notification on behalf of Judge Paweł Juszczyszyn about the suspicion that you committed the crime of abuse of powers of a public official, and also apply for coercing you to comply with the order by the enforcement court,” Romanowski added.
“The timer of your legal responsibility is ticking faster and faster!” – emphasized the lawyer. “At the same time, I am calling on you to immediately withdraw the statement you posted on March 1, 2023 on the website of the District Court in Olsztyn, in which you grossly violate the good name of Judge Paweł Juszczyszyn and defame him,” he added.
The lawyer representing Judge Juszczyszyn also wrote to Nawacki: “I recommend you to reflect on the words that Prof. Albus Dumbledore (an honest, decent and wise man) addressed to the Minister of Magic Cornelius about saving the world from the evil Voldemort: ‘You are blind, Cornelius, you are blinded by love to the office you hold! […] You can’t understand that it’s not who you’re born that’s important, but what you’ve become! Your dementor has just finished off the last descendant of the oldest pureblood line. (Harry Potter and the Goblet of Fire)” – said Romanowski.
Nawacki on “in all respects reprehensible behavior”
On Wednesday, the President of the District Court in Olsztyn, Maciej Nawacki, published a statement on the court’s website in which he “apologizes to the participants of the proceedings conducted in the 3rd Family and Juvenile Department for the unjustified delays in examining their cases in February this year by canceling hearings and meetings”.
According to him, “the reason for the delays is the arbitrary, complete cessation of official duties, including judicial ones, by one of the judges of the District Court in Olsztyn.” President Nawacki told the Polish Press Agency on Wednesday that it was about Judge Paweł Juszczyszyn.
“This behavior is by all means reprehensible and harmful to the participants of the proceedings, violating their right to a court, and may be qualified as actual abandonment of work. This is the first time in the history of the District Court in Olsztyn. The consequences of this type of behavior have not been directly provided for in the official pragmatics regulating the rules for the performance of judicial functions by judges,” President Nawacki wrote in a statement.
He stated that “due to the immediate threat to the life, health and freedom of the participants of proceedings in the so-called urgent cases (e.g. consent to surgery), judges serving in the 3rd Family and Juvenile Department, in a sense of responsibility, in accordance with official pragmatics, perform official duties for the named judge on the basis of substitutions. “However, this translates into the level of workload of other judges. The substitution procedure is also not possible to apply in cases that do not have the status of urgent” – he added.
Juszczyszyn: a series of untruths and manipulations
Judge Juszczyszyn said in an interview with tvn24.pl on Wednesday evening that the statement of President Nawacki contained “a number of untruths and manipulations”. He announced that the statement “will be met with decisive legal action.”
– On January 11, the labor court in Bydgoszcz issued a security order ordering my return to adjudication in the Civil Department. Upon issuing this decision, I should not, according to the law, take any action in the Family and Juvenile Department – reminded the judge of the Olsztyn court.
Juszczyszyn also referred, inter alia, to a fragment of the statement in which President Nawacki writes that “judges are judges of the court, not of a department or section”.
– As a judge of the District Court, I have the authority to adjudicate in each division of the District Court in Olsztyn, but I should not do it. According to the decision of the District Court in Bydgoszcz, I should not perform activities in the Family and Juvenile Department, including judicial activities, he noted.
He specified that although a judge is constitutionally entitled to perform activities in various divisions of the court, “this right should not be confused with an obligation”.
“President Nawacki is solely responsible for this state of affairs”
He reported that on January 27, he submitted a letter to President Nowacki for immediate admission to the function in the Civil Department of the District Court in Olsztyn. – This statement on the court’s website suggests that here, as a result of my actions, the parties to the ongoing proceedings before the family court are injured, and it must be said that only President Nawacki is responsible for this state of affairs – emphasized Judge Juszczyszyn.
He added that “President Nawacki is responsible for not implementing the decision of the labor court in Bydgoszcz.”
– The statement misleadingly claims that I refuse to adjudicate in family matters in an unjustified and unlawful manner, while I actually demand the possibility of adjudicating in connection with the judgment of the District Court in Bydgoszcz. And this obligation, resulting from the decision of the Bydgoszcz court, is not performed by President Nawacki, judge Juszczyszyn added.
The case of Judge Juszczyszyn
Judge Juszczyn was suspended on February 4, 2020 by the then Disciplinary Chamber of the Supreme Court. In May last year, the Disciplinary Chamber of the Supreme Court – composed of one-person chairman Adam Roch – repealed the suspension of Judge Juszczyszyn in his official duties.
The judge returned to work, but by the decision of President Nawacki, he was transferred to the family division (before his suspension, he ruled in the civil division) and sent to overdue vacation. In July last year, he returned to adjudication. Refusing to transfer to another department, Judge Juszczyszyn applied to the court in Bydgoszcz, which issued a decision in January this year.
Main photo source: Tomasz Waszczuk/PAP