The Disciplinary appellate panel decides on the appeal of a judge of the Regional Court in Košice

The subject of the public hearing of the Disciplinary appellate panel of the Supreme Administrative Court of the Slovak Republic on 26 June 2024 was the appeal of the disciplinary accused Judge Monika Géciová against the decision of the Disciplinary panel of the Supreme Administrative Court, Case No. 33 D 22/2022 of 11th October 2022, which imposed the most severe disciplinary measure on the appointed judge – dismissal from the office of judge (Case No. 41 Do 2/2023). 

In the first instance decision, the Disciplinary panel found the disciplinary defendant guilty of having been found officially guilty of performing her duties as a judge – signing written copies of decisions of the Court of Appeal – during working hours under the influence of alcohol. The Disciplinary panel held that the judge had thereby committed a serious disciplinary offence incompatible with the office of judge. It imposed on her the disciplinary measure of removal from judicial office for that misconduct.

The disciplinary appellate panel, sitting in open court in the presence of the parties, concluded that, in view of the time lag between the time when the decisions were signed and the time when the breath test was carried out, it could not be regarded as unequivocally established that the disciplinary defendant was already under the influence of alcohol at the time when she signed the decisions referred to above. At the same time, the course of the previous proceedings was sufficient to establish that, in the circumstances clearly established, the accused was under the influence of alcohol at the time she performed the judicial function of studying the case file.

For the above reasons, the Disciplinary Appellate Panel annulled the decision of the Disciplinary panel of the Supreme Administrative Court, Case No. 33 D 22/2022 of 11 October 2022 and held that the disciplinary defendant was guilty of having been found to be under the influence of alcohol despite the prohibition to be under the influence of alcohol in the workplace and to perform her duties as a judge while under the influence of alcohol during working hours.

On the basis of the above, the Disciplinary Appellate Panel found that the disciplinary defendant had committed a serious disciplinary offence incompatible with the office of judge by such conduct, for which she was imposed a disciplinary measure – dismissal from the office of judge – pursuant to Section 117(5) of Act No. 385/2000 Coll. on Judges and Adjudicators and on Amendments and Supplements to Certain Acts, as amended.

In the disciplinary case of the President of the Regional Court in Košice c/a judge JUDr. Monika Géciová, PhD., Panel No. 41 of the Supreme Administrative Court, was composed of: the President of the Panel JUDr. Katarína Benczová (Judge-rapporteur) and members of the Panel JUDr. Petra Príbelská, PhD., JUDr. Elena Berthotyová, PhD., JUDr. Jana Martinčeková and JUDr. Juraj Vališ, LL.M., PhD.