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PiS state. Prosecutor Michera, who wanted Tulea detained, was promoted to judge

Franciszek Michera from the National Prosecutor's Office, who previously cooperated with Ordo Iuris, was promoted. He was the one who demanded the detention of Judge Igor Tulea in the new Supreme Court chamber. Now the illegal NCJ has given him a high promotion to the Olsztyn court.

Prosecutor Franciszek Michera of the National Prosecutor's Office was promoted to judge on Wednesday 7 December 2022. His appointment as a judge of the Regional Court was given to him by the illegitimate, politicised National Council of the Judiciary. Michera got much worse marks than a professional judge from Lidzbark Warmiński and despite the fact that the Collegium of the Olsztyn Regional Court was against his candidature.

Michera was previously unknown. Previously, he was a lawyer who cooperated with, among others, the ultra-Catholic Ordo Iuris. But in January 2022, he became a District Prosecutor in Minsk Mazowiecki and, later that same month, was rapidly delegated to work in the internal affairs department of the National Prosecutor's Office. PiS set up this department to prosecute judges and prosecutors.

There was a buzz about Micher in November 2022, when he came to the new Supreme Court's Chamber of Professional Responsibility and supported the prosecution's appeal against the refusal to authorise the detention of judge Igor Tulea at a hearing.

Although Michera has not handled many complex cases so far - this is based on the evaluation of his work for the competition in the neo-KRS - for the illegal Council he is better than a professional judge, with a good work evaluation and a good evaluation of her superiors. What mattered to the neo-KRS was that Michera works in the National Prosecutor's Office and that he is a lecturer at the School of Justice. This school, as well as the National Prosecutor's Office, are subordinate to Zbigniew Ziobro, who is Minister of Justice and Prosecutor General.

How the neo-NCJ promoted Miechera
Prosecutor Franciszek Miechera defended a lost case at the Chamber of Professional Responsibility. The Chamber, composed of legal judges of the Supreme Court, finally disagreed with the detention of Judge Igor Tulea, who the Prosecutor's Office wants to bring a baseless charge against for allowing journalists to attend the announcement of a ruling critical of the PiS political party. The new Chamber has ruled that Tuleya did not break the law and there are no grounds to charge him. For the announcement of the ruling on 29 November, Michera no longer came. He was replaced by Piotr Myszkowiec from the National Prosecutor's Office.

But it was already known by then that Michera wanted to become a judge, as we revealed in OKO.press. Already being a prosecutor for a quite short period, he applied in a competition for one position at the Olsztyn Regional Court in June 2022 . His application was positively assessed by the designated judges of the Olsztyn Regional Court.

His civil cases were assessed by Arkadiusz Ziarko, a neo-judge (i.e. a judge nominated by the illegal neo-KRS) who is currently ruling on secondment at the Court of Appeal in Warsaw. According to Ziarko, prosecutor Michera is very knowledgeable and experienced in the use of the law. He is hard-working, edits pleadings correctly and is familiar with case law and legal doctrine. He also has a high level of legal knowledge and comprehensive interests.

His criminal cases, on the other hand, were assessed by a neo-judge, former prosecutor Bartłomiej Gadecki. He also assessed Michera positively. He considered that he met the formal requirements to be a district (not regional) court judge. However, he stipulated that Michera had not handled complex cases (except for one), so at most he could become a district judge. Gadecki concluded that the prosecutor's qualifications did not warrant his proper performance as a district judge. Michera submitted an objection to this assessment.
His counter-candidate for the Olsztyn district court post was Judge Agnieszka Przęczek from the Lidzbark Warmiński District Court. She had been a court registrar since 2009 and became a judge in 2014. In 2016 she moved to Lidzbark Warmiński, specialising in civil cases. She was the chairperson of the Civil Department.
She has good work evaluations and a good reputation with her superiors. She was praised for her knowledge of the rules, good application of court case law and for her case management. The evaluation shows that she is hard-working, reliable and her jurisprudence is of a high standard. Her candidature was supported by the Collegium of the Olsztyn Regional Court.

However, the NCJ panel assessing the candidates supported Michera. It appreciated his work at the National Prosecutor's Office and at a university subordinate to the Ministry of Justice. The team disagreed with the assessment that he had not handled complex cases. It considered that he had a variety of experience and that the judge only had a 'classical' career path and was simply a judge. And this is how the entire NCJ voted. In favour of the nomination for the prosecutor were 7 members of this illegal body, 6 abstained. In favour of the judge were 6 members, 8 abstained.

It will now be up to the President to decide on this nomination for Michera. The judge can still appeal the resolution of the neo-NCJ to the Extraordinary Control and Public Affairs Chamber of the Supreme Court appointed by the Law and Justice Party.
Why did Michera run for Olsztyn? According to our information, he was to explain it by the fact that he had bought a flat there and his wife is to pursue a professional career there. It is known, however, that the Olsztyn courts are becoming a forge for neo-judges linked to the current government.

This is where the president of the district court is Maciej Nawacki, who is also a member of the neo-NCJ. Nawacki supports the evil change in the courts and has become one of its symbols. His deputy has recently been neo-judge Tomasz Koszewski, who was one of the few Olsztyn judges to support him. His second deputy, meanwhile, is former prosecutor and now neo-judge Adam Jaroczynski.

In turn, since recently the president of the Olsztyn Regional Court has been Michał Lasota, one of Minister Ziobro's disciplinary commissioners. And his deputies are former prosecutor and former president of the Działdów District Court Marcin Czapski and former lawyer Tomasz Kosakowski, who at the time of his application for nomination as a judge from the neo-NCJ, contributed PLN 12,500 to the Law and Justice party's election fund. Kosakowski also belonged to the Law and Justice Party at the time.
What else is known about Michera? As a lawyer, he cooperated with the ultra-Catholic Ordo Iuris, or more precisely with its Centre for Trial Intervention. He had a law firm in Warsaw. In 2021, he tried for the first time to become a judge. He ran in the competition for the Grajewo District Court, but withdrew his candidacy in February 2022. By that time he was already a prosecutor.