Poland’s Supreme Court declined to lift immunity for Judge Maciej Nawacki who tore documents during a controversial 2020 judicial meeting.
Judge Nawacki’s Behavior Described as “Ostentatious and Negative”
Supreme Court Judge Marek Siwek noted in his decision’s justification that Nawacki’s behavior was not becoming of a judge, though it can only be considered in an ethical dimension. Nawacki expressed satisfaction with the decision, suggesting he might have handled the documents differently by simply throwing them away.
Immunity Request Based on 2020 Judicial Meeting Incident
The request to lift Nawacki’s immunity, as a member of the National Council of the Judiciary (KRS) and Olsztyn judge, was submitted to the Supreme Court’s Chamber of Professional Responsibility in December 2024. The prosecutor’s office cited findings from an investigation into exceeding authority by damaging documents at a District Court judges’ meeting.
Documents Torn During Dispute Over Judicial Competence
The incident occurred at an Olsztyn court judges’ meeting on February 7, 2020, where judges appealed to then-president Nawacki to stop hindering Judge Paweł Juszczyszyn. Thirty-one judges proposed extending the agenda to vote on three draft resolutions, but Nawacki tore up the documents and closed the session, claiming all three projects exceeded the meeting’s competence.
Supreme Court Rules Meeting Lacked Authority for Proposed Resolutions
Judge Siwek acknowledged that a district court judges’ meeting could not arbitrarily shape resolutions. He pointed out that none of the proposed resolutions concerned the competencies of judges’ meetings as defined by law. Wednesday’s Supreme Court resolution not considering the immunity request is not final.
