Resistance by Polish Judges with Public Support

Warsaw, 23 April 2025

Dear Mr. Kolbe,

Thank you very much for your message. Please accept my apologies for the delay in replying, but to be honest, your email reached our association in the middle of the election campaign for the new president of the association. As a National Board, we decided to follow our association's best practice and leave the privilege of replying to your email to the new committee.  Today, however, I am allowed to write on behalf of the newly elected Board as its member responsible for the international cooperation of the Association with foreign entities and organisations.

On behalf of the Polish Judges' Association Iustitia, we would like to assure you of our support for all initiatives aimed at saving democracy and restoring the rule of law.  The community meetings in San Francisco to defend democratic institutions against authoritarian pressure, as described in your e-mail, are undoubtedly one of them.

For many citizens of Eastern European countries, and perhaps most importantly for us Poles, the United States has always been a symbol of democracy, respect for the separation of powers and the independence of judges. It is therefore all the more important for us that these values, for which we have fought, remain equally steadfast in the United States.  We view the events of recent weeks with concern, but also with disbelief. In particular, we are troubled by the executive branch's open attacks on the independent judiciary and its checks and balances. For us, it is unacceptable to ignore the rulings of courts based on the law and to make personal attacks on the judges who make them. Of course, anyone can challenge court rulings, but they must do so in the manner prescribed by law, to a higher court, and not by challenging the right to make a ruling. The executive also has the right to try to change the law, but this must be done by amending laws or even the constitution. This must be done in the manner prescribed by the law, not by challenging court rulings or intimidating judges

Between 2015 and 2023, we Polish judges and lawyers had to face similar temptations. As representatives of the judiciary, we found ourselves in a difficult position and realised that we couldn't remain passive. We had to learn new ways of communicating with the public in order to defend the rule of law. We began to work with civil society to build a successful resistance, identifying the weaknesses of the forces whose main aim was to destroy democracy.  It was a valuable lesson that also changed forever the relationship between citizens and the courts. We hope that the values we hold most dear have been defended.

 It will be a great honour for us to share our story with you. Perhaps you will find some encouragement in it, or perhaps it will inspire you to find new ways of reaching out to society. For this reason, we would be happy to pledge our support and, to the best of our ability, to help and participate in events organised by you and your organisation.

 If your invitation to the discussion moderated by Madame Lisa Jacks is still valid, we would be honoured to participate. I could participate as a speaker (attached you will find my short bio which might be useful for the event). If you think that more representatives of my association would be an added value - please let me know and I will put you in touch with other judges who were actively involved in the restoration of the rule of law in Poland at that time.

 You may also be interested in the materials already published on judicial resistance in Poland. We also encourage you to watch a short documentary film describing the event we organised in Warsaw in January 2020, the March of a Thousand Robes. It contains several statements by Polish and European judges and lawyers that relate to our situation at the time.

https://youtu.be/osSgIUeyGIc?si=2apdLogjnIEDe9Xm 

Once again, we assure you and your organization of our support. If we can help in any way or participate in your events you can count on us.

With respect and appreciation,

 Joanna Hetnarowicz-Sikora

Member of the Boart of Polish Judges

Association IUSTITIA