Supreme Court President Urges Senate to Reform Lay Judge Selection

First President of the Supreme Court Zbigniew Kapiński has called on the Senate to select lay judges with greater rigor, aiming to restore public trust and ensure the functional continuity of the judiciary.

Addressing the Crisis of Judicial Performance

First President of the Supreme Court Zbigniew Kapiński wrote to Senate Marshal Małgorzata Kidawa-Błońska, emphasizing the necessity of selecting future lay judges with awareness of their critical role in the justice system. Kapiński noted that the selection process is vital for rebuilding institutional trust.

The Senate recently began the procedure to elect 30 lay judges for a four-year term, scheduled to run from January 1, 2027, through December 31, 2030. Kapiński cautioned against recurring issues seen during the 2023–2025 period, where a majority of lay judges refused to perform their adjudicatory duties.

Political Polarization and Systematic Refusals

The current impasse stems from the previous election cycle in 2022, when 26 of the 30 elected lay judges were nominated by the Committee for the Defense of Democracy. These individuals have consistently refused to sit on panels alongside judges appointed after 2017 through the National Council of the Judiciary.

Kapiński highlighted that these refusals are not isolated incidents but a persistent obstruction. Previous formal requests to dismiss non-participating lay judges were submitted to the Senate but were ultimately disregarded.

Restoring Public Trust in the Judiciary

The Supreme Court president stressed that the Senate’s verification process directly impacts the court’s ability to function in disciplinary proceedings and extraordinary complaints. He urged lawmakers to ensure that candidates are not tied to specific political agendas or organizations.

Kapiński reiterated that public service is not a matter of personal preference or political ideology. He offered his full assistance in resolving these conflicts, which he argues have severely undermined the authority of the judiciary and negatively affected citizens awaiting legal resolutions.

Institutional Disputes and Statutory Background

The controversy is compounded by an ongoing dispute regarding Kapiński’s own appointment, which the Supreme Court’s Lay Judge Council has declared illegitimate. Lay judges were introduced to the Supreme Court in 2018 under legislation passed during the PiS administration to participate in specific sensitive proceedings.