Advocaat.be condemns pressure on lawyers: reason for disciplinary case against prosecutor raises serious concerns
The legal profession does not have and does not intervene in disciplinary proceedings for magistrates. But pressure by magistrates on lawyers cannot pass muster, even if it involves one of that magistrate's children.
This is especially so when the magistrate makes himself known in that capacity, and then indulges in inappropriate remarks towards a lawyer.
Lawyers must be free from pressure from magistrates, because it is precisely part of their mission to dissent, including before magistrates, and criticise injustice, abuse of power and improper administration of justice, in order to protect their clients' rights. That principle cannot and should not be deviated from.
Background
The Dutch disciplinary court has ruled in the case against departmental attorney YS-V, who was accused of violating Article 404 of the Judicial Code for inappropriate remarks and an intimidating tone in a telephone conversation with lawyer SC. This conversation, in which he held her responsible for his son's mental condition, among other things, led to a disciplinary enquiry.
Although the court ruled that YS-V had been guilty of inappropriate conduct affecting the dignity of his office, no disciplinary penalty was imposed, also considering his spotless record and the emotional context of the facts.
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