Judiciary Council Seeks Legal Counsel on Status of Judge Piebiak

The National Council of the Judiciary (KRS) has moved to obtain legal opinions regarding the status of member Łukasz Piebiak, following the Justice Minister’s decision to suspend his official duties.

Council Requests Legal Guidance

The National Council of the Judiciary (KRS) is currently reviewing the legal implications of the Justice Minister’s order to temporarily suspend Judge Łukasz Piebiak from official duties. The Council decided to solicit external legal opinions before determining its next steps regarding Piebiak’s membership and participation in the body.

Thirteen of the eighteen members present voted in favor of seeking these opinions. Until the review is complete, the Council will pause its decision-making process concerning Judge Piebiak’s status.

Restrictions on Access to Sensitive Data

Last week, the KRS Presidium restricted Judge Piebiak’s access to documents containing protected personal data. This measure remains in effect until the Council reaches a formal resolution on the matter.

A specialized team was appointed to evaluate whether Piebiak could continue performing his mandate in the Council following the Minister’s directive. The judge has formally objected to these actions, demanding immediate restoration of his access to materials necessary for his work as a Council member.

Background of the Dispute

Minister Waldemar Żurek ordered the suspension citing the serious nature of allegations against Piebiak, including those related to a 2019 “hate affair” within the Ministry of Justice and a separate case involving a forged testament. The judge has consistently denied these allegations, labeling them as manipulated.

The regional prosecutor’s office in Wrocław has previously filed requests with the Supreme Court to waive Judge Piebiak’s immunity in connection with these proceedings. Neither request has been adjudicated by the Supreme Court to date.

Legal Disagreement Over Authority

The “Lawyers for Poland” association, led by Piebiak, has challenged the Minister’s decision, labeling it a pressure tactic against a constitutional body member. The association contends that the suspension of official judicial duties cannot legally extend to a mandate granted by the Sejm.

Under current regulations, the Minister’s order for a temporary break in service is valid for a maximum of one month, after which a disciplinary court must issue a ruling to either suspend the judge or revoke the suspension order.