Supreme Court Denies Request to Waive Piotr Schab’s Judicial Immunity

The Polish Supreme Court ruled on Tuesday against lifting the judicial immunity of Piotr Schab, a former disciplinary prosecutor, regarding allegations of defamation against judge Waldemar Żurek during a 2022 press conference.

Background of the Dispute

The case stems from a 2022 press briefing where Piotr Schab, who served as the disciplinary prosecutor for judges during the PiS administration, accused Waldemar Żurek of falsifying judicial rulings. Schab specifically claimed that Żurek, while serving as a member of the National Council of the Judiciary, had provided incorrect dates on at least 64 rulings.

Waldemar Żurek, now the head of the Ministry of Justice, dismissed the accusations at the time as a political ploy. He maintained that he had never committed any crimes or falsified documents, characterizing the actions of the disciplinary prosecutors under former minister Zbigniew Ziobro as an inept attempt to find incriminating evidence against him.

Supreme Court Ruling

The National Public Prosecutor’s Office submitted a request to the Supreme Court in January 2024 to waive Schab’s immunity, following a court-ordered investigation into the matter. However, the Supreme Court’s Chamber of Professional Responsibility ultimately refused the request this week.

Judge Zbigniew Korzeniowski acknowledged that Schab had perhaps “said too much” during the 2022 briefing. However, the court argued that as a criminal law specialist, Schab may have simply been mistaken regarding the technical intricacies of civil law procedure, noting that even lawyers are prone to errors.