Disciplinary Panel 32D acquitted a judge of the Žilina District Court

According to the applicant, the disciplined judge should have committed serious disciplinary misconduct by the fact that, as a judge of the Žilina District Court in a criminal case that had not been finally concluded, he conducted SMS communication with another person. In her disciplinary application against the judge, the applicant further stated that the appointed judge had not been duly relieved of his duty of confidentiality by the competent authority or by a competent person, while the judge’s conduct showed that he had not refused to allow another person to use his influence and to interfere with his discretion, which could have improperly influenced his judgement.

However, according to the Disciplinary Panel, the only evidence proving the commission of the offence was a text message obtained from the mobile phone of the disciplined judge, which had been seized from him during a search carried out in the context of criminal proceedings against him for other offences.  The use of such evidence was found inadmissible by the Disciplinary Panel in the disciplinary proceedings, referring to the so-called fruit of the poisoned tree doctrine.

The decision was adopted by a 4:1 vote, with Judge Anita Filová dissenting.

In the disciplinary case Minister of Justice of the Slovak Republic c/a Judge JUDr. Daniel Béreš, the Disciplinary Panel 32D of the Supreme Administrative Court of the Slovak Republic was composed of: the President of the Panel JUDr. Marián Fečík (Judge-rapporteur); Judges JUDr. Anita Filová; JUDr. Michal Matulník, PhD. and lay judges JUDr. Zuzana Čížová; doc. JUDr. Diana Treščáková, PhD.