During the meeting with the judge, we asked him how he assessed the absence of his colleagues from the Chain of Light demonstrations, which expressed opposition to the judicial reform pushed through by PiS.
In response, Stępień explained very clearly the mechanism that would prevent even the bravest person from stepping out of line. He described a judicial career model that promotes those who will not harm the politicians in power.
– Unfortunately, we were unable to change the career model for judges. It is an administrative model developed in the 18th and 19th centuries by the partitioning powers, gladly adopted by the communists and still preferred in our country – said former judge Jerzy Stępień. – A judicial career in Poland works as follows: after university, a person in their twenties begins legal training; after completing it, they become an assessor and already begin adjudicating. If such a young person is ambitious and wants to become a Supreme Court judge, which is natural, they must advance. Their promotion depends on the court president, judges at the ministry, the minister of justice and the president. A young person must act in such a way as not to offend anyone. What did President Andrzej Duda recently say to one of the judges? “You know perfectly well why I did not appoint you.” This freezes the independence of a person climbing the career ladder. This model rewards evasiveness, a cautious attitude and a lack of courage. I am not surprised that judges did not join the protests when the president’s influential social adviser Zofia Romaszewska allowed herself to say that “judges at candlelight protests are a scandal and should be dismissed.” Young people hear this – added Jerzy Stępień.
According to Jerzy Stępień, wise democracies do not appoint young people as judges. Only people over 40 are chosen, with experience and a certain reputation, as well as family, personal and professional stability. This model is used, among others, in Great Britain and Ireland. At a mature age, it is possible, for example, to eliminate alcoholic judges, whom we have a problem with in Poland, or judges associated with criminal circles. Under the Polish promotion model, judges may not adjudicate in a specific case but, in reality, adjudicate in their own career, which will depend on their verdict.