Having overturned the decision of the Judicial Disciplinary Committee and terminated disciplinary proceedings against a former judge who had been released from office by the Saeima (parliament) at her own request, the Disciplinary Court ruled that it has jurisdiction to assess the legality of decisions the subject of which is a judge.

The Judicial Ethics Commission had initiated disciplinary proceedings against a judge of the Jelgava Courthouse of the Administrative District Court, and the Judicial Disciplinary Committee had decided to release the judge from office. The judge appealed the decision of the Judicial Disciplinary Committee to the Disciplinary Court, requesting that the decision be revoked and the disciplinary proceedings be terminated. While the case was pending before the Disciplinary Court, the judge was released from office at her own request by a decision of the Saeima.

The complainant did not attend the Disciplinary Court hearing for reasons which she had previously communicated and which the Disciplinary Court considered justified.

At the hearing, the representative of the Judicial Ethics Commission expressed the opinion that, given that the person against whom disciplinary proceedings had been initiated had been dismissed from the judicial office, the disciplinary proceedings should be terminated, but the decision of the Judicial Disciplinary Committee should remain in force.

The Disciplinary Court acknowledged that the Judicial Disciplinary Liability Law applies to judges of district (city) courts, regional courts and the Supreme Court, establishing the basis for their disciplinary responsibility and regulating the procedure for initiating and examining disciplinary cases. This means that the Disciplinary Court has jurisdiction to assess the legality of decisions the subject of which is a judge.

Since the complainant had lost her position as a judge by decision of the Saeima, the Disciplinary Court found that further proceedings in the disciplinary case were not admissible and that the disciplinary case had to be terminated, thereby overturning the decision of the Judicial Disciplinary Committee.

The decision of the Disciplinary Court is not subject to appeal.

Decision of the Disciplinary Court No DT-2/2025 of 10 June 2025.

 

Information prepared by

Rasma Zvejniece, Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: +371 67020396, +371 28652211