The Warsaw District Bar Council is distancing itself from the actions of attorney Roman Giertych, who has been making absurd claims undermining the legitimacy of the Supreme Court and the presidential election results. No disciplinary proceedings are currently pending against Giertych. However, as emphasized by the spokesperson of the Warsaw Bar Council, anyone may file a report concerning a potential disciplinary offense committed by an attorney.
Statements such as: “Election protests were hijacked by neo-judges,” “The Chamber of Extraordinary Review and Public Affairs of the Supreme Court was created to cover up PiS election fraud,” “We all know fraud occurred,” “The National Electoral Commission doesn’t know who won the election,” and “Most local electoral commissions were illegally taken over by people like Mr. Olszański and the Kamrat brothers” — are just a few of the controversial assertions made by Civic Coalition MP and attorney Roman Giertych.
What actions has the District Bar Council and the legal profession’s self-governing body taken in response to Giertych’s conduct, which strikes at the heart of key state institutions?
Niezalezna.pl sent inquiries to the spokesperson of the Warsaw Bar Council. She confirmed that no disciplinary proceedings are currently underway against attorney Roman Giertych.
A Report Can Be Filed
We also asked how the District Bar Council interprets and applies the principles of “moderation and restraint” in public statements by attorneys (§17 of the Code of Legal Ethics), as well as the obligation to show “due respect for courts and state authorities” (§25, §28, §43 of the Code of Legal Ethics), in the context of Giertych’s 2025 public statements critical of the judiciary and state institutions.
“The aforementioned principles concerning attorney conduct, as outlined in the Code of Legal Ethics, and any potential violations thereof, are interpreted based on specific factual circumstances during ongoing proceedings. In such cases, the Disciplinary Ombudsman examines the facts and makes appropriate decisions. Anyone can submit a notification regarding a potential disciplinary offense by an attorney and initiate proceedings in which the conduct described is evaluated,”
stated attorney Maria Sankowska-Borman, spokesperson for the Warsaw Bar Council.
We followed up with questions about the procedures the Bar Council applies when an attorney publicly questions the legality or authority of disciplinary or judicial bodies — as is the case with Giertych’s comments regarding the Supreme Court’s Disciplinary Chamber, the Supreme Court itself, and the National Electoral Commission (PKW). We also asked what procedures have been or will be applied.
“The District Bar Council does not pass resolutions to initiate disciplinary proceedings, as it does not have such authority. The body responsible for conducting disciplinary proceedings is the Disciplinary Ombudsman, who makes statements through procedural decisions within ongoing cases, adhering to the relevant principles — not through public commentary or debate,”
the spokesperson responded.
We did not receive an answer to the question of how the Disciplinary Ombudsman assesses Giertych’s recent remarks about the election, vote counting, and the role of the Supreme Court, in light of the prohibition against knowingly spreading false information (§11 of the Code of Legal Ethics) and the obligation to uphold the dignity of the profession (§10 of the Code).