The Chamber of Professional Responsibility of the Supreme Court decided to reinstate Judge Maciej Ferk to adjudication in Kraków. More than a year ago, he was suspended by the unrecognized Disciplinary Chamber of the Supreme Court for refusing to adjudicate with judges recommended by the new National Council of the Judiciary.
As the deputy spokesman for the Supreme Court, Piotr Falkowski, informed PAP, the Chamber of Professional Responsibility of the Supreme Court on Tuesday legally repealed the resolution of its predecessor, i.e. the unrecognized Disciplinary Chamber of the Supreme Court, in the case of Judge Maciej Ferk from the District Court in Kraków. It is about a resolution in which it was decided to suspend him and reduce his salary by half. Supreme Court at the same time, he revoked the order of the president of the District Court in Kraków to remove the judge from adjudication. The decision in this case was issued on Tuesday by a three-member panel of the chamber, chaired by its president, Wiesław Kozielewicz.
Judge Maciej Ferek refused to adjudicate with judges nominated by the new National Council of the Judiciary
The case of Judge Maciej Ferk is related to his refusal to adjudicate in benches with judges recommended by the new National Council of the Judiciary, which, according to many experts, has been politicized by the system for electing its members.
In September 2021, it was reported that 11 Krakow judges refused to sit in the benches where the judges selected by the new National Council of the Judiciary would sit. At the same time, they announced that they would “take legal measures to avoid the defectiveness of the judgments issued with their participation”. One of them was Judge Ferek.
At the end of October 2021, the judge refused to issue an enforcement clause to the judgment issued by the Kraków district court, which became final after examining the appeal. The reason was that the panel of judges included a judge promoted from the regional court to the court of appeal at the request of the National Council of the Judiciary elected in March 2018.
Then, the then president of the District Court in Krakow, Dagmara Pawełczyk-Woicka, currently the president of the new National Court Register, suspended the judge for a month in the performance of official duties. She argued that his behavior “violates the authority of the court, and also harms the well-being of citizens and the legal order in force in the Republic of Poland.”
Disciplinary proceedings and decision of the unrecognized chamber of the Supreme Court
Pursuant to the Law on the System of Common Courts, “if a judge has been detained because of being caught in the act of committing an intentional crime or if, due to the nature of the act committed by the judge, the authority of the court or significant interests of the service require immediate removal from the performance of official duties, the president of the court or the minister Justice may order an immediate break in the judge’s official duties until the disciplinary court issues a resolution, no longer than for one month.
The president must immediately notify the disciplinary court of such a decision. On the other hand, after such notification, the disciplinary court immediately “issues a resolution to suspend the judge in the performance of official duties or repeals the order on a break in the performance of these duties”.
At the beginning of November 2021, it was reported that disciplinary proceedings had been initiated against Judge Ferk. It was initiated by the deputy disciplinary prosecutor for judges of common courts, Przemysław Radzik. There were three cases in which Judge Ferek was the chairman of the benches and, according to the disciplinary prosecutor, he violated the dignity of the office in that, by exceeding his powers, he granted himself the power to examine the legality of the appointment of three other judges. As a consequence, in November 2021, the unrecognized Disciplinary Chamber of the Supreme Court suspended the Krakow judge from his duties and also decided to reduce his salary by half
Main photo source: TVN24