Anna is 33 years old, from working-class – what it claims is extremely important. Despite the fact that today no one asks about the origin of boxes filled with admission to work, then we all know who from what is home. Especially in an environment like bargains. For more than eight years as an assistant judge what is considered a failure, because colleagues from the application group has long adjudicate. In addition, an assistant at the outlet of the two negative assessment operation. Black sheep conflicted with their superiors. For this well-educated: study law, judge and attorney, postgraduate studies, several dozen included training and vocational courses. – too well that it could swallow – says cynically today.
Why chose right ? Always interested in it. Well, she was good with history, and these areas merge into each other. If to take into account the element of irrational, during a meeting of the class at the end of primary school they bode a future by drawing objects that have define their career. She pulled out a hammer judge. And so it was: Hammer of judges as the goal of life.
Legal Studies ended with honors, all the while had a scholarship. Selecting the application was for her obvious: that of judges. Although not associated then with large salaries, those who dreamed about the money, chose the bar, as it was the most interesting, was the biggest challenge. They always had: she wanted to attack the high peaks. – I came to the group, where they were themselves children of law, including judicial or families. They were very confident, I had a lot of work – she recalls.
After three years seemed exam, very difficult, with all the material. In two parts: written and oral. He says that the group had “private” access to the case files, on the basis of which they had to write the exam judgment. Did not take advantage of this opportunity, not because it was so sacred, but I just got it too late in the night just before the exam. She, on three. Poorly. Piątkowo have priority in staffing judges, as a rule justly. But in practice different case. From the few people flooded, all he asserts without proper origin. Judicial exam once can only improve, in contrast to other applications. It will not happen, gone, years of education go to waste. Those are the rules.
On Anna talked to many people: judges, their assistants, union activists. I was not sure how her troubles stem from difficult character, lack of diplomacy, and to what extent are the real problem Judicial of ongoing through nepotism. At the beginning of each conversation I heard: we can talk under the name of or honestly.
Anna was on the so-called applications. pozaetatowej not even dreamed of, to get money for tuition. In the course had to keep something, she applied for an assistant judge in one of the district courts in the south of the country. She got up, she worked for almost a year and a half in the family department. But I dreamed of her more serious matters – civil. So she went to the district court, the appellate division status. He fared. Before the exam on the application asked for unpaid leave, he did not receive. So he slowed from work, passed. Then he changed the rules: you had to enter the competition to get the job parliamentary assistance. – I won five competitions, I had a choice – he says. She wanted to grow, gain experience, preparing to contest for the post of judge. Therefore the district court chose again, this time social security department. I enrolled on postgraduate studies – labor law – to Jagiellonka.
I too am a person from the outside, except that his career in the judiciary started in the mid 80s. – he tells the judge. Those were the days when my job was not particularly attractive: paltry wages, career dependence on political commitment. But the profession was open to people from outside, perhaps because there were not many takers. After the turn of the 90s, the situation began to change. Increasing the prestige associated as much with the dignity of the profession, what about the constancy of work and pay. As the years began increasing interest in the profession, and thereby increasing competition. The number of judicial positions from years of constant, so recruitment is becoming more and more one-way: take out their, people with empowerment in the industry. Parents judges or prosecutors or lawyers, at least stools. This does not mean that others have no chance, but it is the much more difficult. If a child judge or another lawyer will ask you to leave, he gets. If you want to dokształcać, it is accepted with understanding, because it has to invest in yourself. The rest is cut out, piling up the difficulty, discouraged, plagues.
Anna is meticulous, collects documentation which sends me a dozen e-mails. Such meticulousness is an advantage in this work. But thanks to this I have the opportunity to look at the opinions that on her person issued over several years.
The former are enthusiastic: “It showed a very good knowledge of the law”, ” In applying the law in practice, drafting projects of decisions, orders and judgments justifications showed a high skill and a very good knowledge of the technical side of the labor judge “,” projects prepared statements of reasons did not require any adjustments “. And again: “Mrs. Assistant is an ambitious person and hardworking, has established itself as an employee honest, diligent and committed work.”
– I have qualifications – enjoyed a. I went to the contest for the position of judge. He did not pass. Prevailed opinions abstaining from voting. That’s why she thought she should raise qualifications. He took steps to get into the list of legal advisors – with success. Although remember one of the questions of competition: Do you know a counselor?
In any case, a legal advisor is, though suspended, because in order to be active, would have to finish the job in the judiciary, and do not want to. Hence the decision to go for postgraduate studies – to be even better, raise its value, to meet the challenges. Her superiors agreed. Just as on its proposed solution to free on descents was under the outstanding annual leave. There was a lot of it, because medical leave had not had time worked. And yet, like translators, assistant referees is not enough, everyone is overwhelmed, the norm was that justification wrote two sentences a day, so if she took a sabbatical or free of charge (plus another this area) could disorganize the work of the department. And that did not want to. It was important to her. – These were the only two Fridays a month, not to interfere with my duties – provides.
When he started the conflict? After the changes in court. They came the new President and the new President of the faculty. This was the final stage of studies Anna, was it a couple of weeks. – Today it is hard to say whether started from a misunderstanding or ill-will – she recalls. The Chair asked her to be submitted well in advance of absences. In court it forces the president to order that requests for a short vacation to be submitted three days before the intended leave. – I do not have a schedule of the session. But as soon as I find out, I will, I can even skip some meetings, if I need – explained.
has been received, he says, as insubordination. It started proving who is right, letters, responses to letters. As he says, citing another correspondence, it was obliged to submit vacation requests “for two days before the end of the month preceding the month in which the leave is to be granted”, ie 32 days earlier. As the only employee of the court.
I’m talking to an activist of one of the associations that brings together mid-level members of the judiciary. When we speak officially, buries me a pack of clichés: with equal opportunities, for competitions, which should dispel any doubts about transparency. However, asked whether in private conversation assured me also that the lack of nepotism in the judiciary, capitulates. And podsyła me some links, including the resolutions of the National Council of the Judiciary relating to this particular phenomenon. Detailed, when the Council dealt with specific cases sekowania candidates for judges of the “evil origin”, as well as more general. “National Judicial Council notes with concern that in some proceedings relating to appointment to the office of judge or judges to fill vacancies (nomination procedures) there is a situation that may be treated as a violation of professional ethics of judges, and even breach the dignity of the office of judge. This refers to procedures for nomination, in which the vacancy judge a candidate member of the immediate family member of the College who is a judge of the District Court. Rules of professional ethics of judges require that in such a situation a member of the College did not participate in the vote on filling a vacant post of judges, which is a candidate member of his immediate family, or at least refrained from voting. The same applies to voting at the General Assembly of Judges of the District Court. “
Anna received a first warning signal: Instead of assessing a very good job on her only good, although the judges and the committee recommended the five qualifying (it was 2013.). Instead, put his ears, filed an objection to the assessment.
She wrote a complaint to the Ministry of Justice. – I wanted to assessing very good, because it directly translates to contest the judge – explains. Resort sent her a letter back to the Court of Appeal in her city, classifying it as a complaint against the activities of the President. It had to piss off judges. Soon she found out how much. It started flipping between departments.
As he explains to me one of the judges of ponadtrzydziestoletnim experience, is one way of disciplining people who lift up the system. The person who will object, loses. Environmentally destructive force is great. – I watched many such cases. I’m sorry I was not able to resist to such an extent as I would like. This phenomenon has taken longer so monstrous figure that no one dare oppose him. The courts have become udzielnymi principalities, places where employed their own. It’s not just as judges. This is reflected in all departments and branches. Assistants, clerks, also on a strictly clerical positions – at least registry clerk. Even in the IT departments they are recruited people after acquaintance. The papers do not exist, it can be seen only from the inside, when there is. Tied.
In the new workplace (Department of Civil Appeal, where she trained in autumn 2013). Anna heard: if you do not like her good rating, now we’ll Miss rate. – At my place in the previous department hired two people, so I guess I was not so bad and lazy – notes Anna.
This work consisted in the fact that someone consisted of an appeal or grievance judgment of the district court, they had to decide whether the district court was right or wrong. This is usually complicated case settled composed of three members. People from the outside it may seem that the law is a straight path, but it often happens that there is a large discretion. The judges with many years of experience ongoing heated discussions that take interpretation.
Meanwhile, the responsibility of the assistant referee must write the draft decision and the reasons. What should be done under the supervision of a judge. – But the judges did not talk to me. I received a note with the command: take care of such and such a matter. In fact, not telling me which way they want to go, expecting that I will propose a decision which will be consistent with their concept unknown to me – says Anna. So did their job at their discretion. When she realized that not always the thinking corresponds to the conclusions drawn by the judges, they started making them possible alternatives – considered and rejected – each with an appropriate justification. Let them choose. However, the judges also are earning, they have no time to read the file. They are nervous. Sometimes the judge said, in what direction he would like to follow, but then changed his mind. So again, they were angry at her.
In the summer of 2014. Was assessed negatively. The rules have changed: earlier assistants were evaluated in four very good, good, satisfactory and unsatisfactory. Now there are only two assessments: positive and negative. – Despite my efforts Mr. president caught me with someone who does nothing or doing everything wrong – complains Anna.
Her upskilling was rated as alleged . Under the heading conclusions and recommendations (to allow an employee to know what to improve) – emptiness. She began collecting the documentation. All of these cards, by means of which getting the command. And copies from your system to document that prepared its ruling and reasoning, however, were used by the judges.
One of the activists, trade union acting among members of the judiciary tells me that Anna tried to history interest patron, who often worked with them in different sensitive issues. When familiar with the matter, shrugged, he smiled apologetically and said he would not take. – Because it is not only difficult matter, which will last for many years – I had to answer. – The point is that I have here your practice. I wish I could still win some processes for their clients.
Why then Anna did not she leave? It is not easy to get a job when he is a person from the outside. Besides, unless button that turns in man combat, has been so hard pressed that has locked up.
Instead of podkulić tail, demanded the convening of anti-bullying committee. Commission to put together (supposedly) and ruled that there was no harassment. Annie was denied access to the file, because – as the spokesman of the court – these are confidential matters. Also for the person concerned. Which should simply accept the findings. And as he does not like, can complain to an employment tribunal or to submit a request to the prosecutor’s office, after all, we have the rule of law.
talking to a spokesman of the court (the president is on vacation) and ask for the proceedings Anti-Bullying before the committee. And specifically about why Annie refused to see the file of the case, which was a party. He replies that these are the procedures. I ask nervously: So what if I’d be complained that plagues me at work, in response to usłyszałabym just that I talk nonsense, act and I can not see a tree fall. Spokesman responds that the procedures are for the benefit of people who took part in the proceedings. They fall my hands. Activist association whose opinion previously cited, laughs when asked about the procedure. – The procedure is fundamental that any proceedings antymobbingowego no. The employee is prompted to sign termination of employment contract by mutual agreement. If there is anyone at all to convene a committee, then so be tried.
Anna is the person a little crazy, but she sees herself as a fighter for principle. The court, he says, and the people who work in it, they should stick to the law. – But the people who wear judicial robes proceed from the assumption that they make the law and its provisions do not apply – laughs.
So she began to hammer another nail into his professional coffin. When one of Judge washed away her head that supposedly had not bowed to her at the elevator, which jeopardized the seriousness of the court and a judge, because “hurled thunderbolts eyes”, issued a written apology because of the “strange meteorological phenomena”. Humiliated by the president of the faculty, who, when he had to talk to her, blew her during meetings in the office papierosianym smoke into his face, she wrote a complaint to the safety inspector – that is alergiczką and smoke is harmful (the relevant medical certificate attached). In response, the president of the court sent the e-mail circular that smoking is prohibited in court and the President forbade her access to his office.
Anna was transferred to another department. Unfavorable opinion was upheld, then repeated (we have 2015.). He lodged an objection against it, but the president went on vacation and had received a reply within the expected regulations.
Judge of ponadtrzydziestoletnim experience sighs: crazy woman. He stuffed his head ideals. Apparently rightly so, but none with such an approach will not survive. Especially the so-called. signalmen, people who warn that their workplace things go wrong. Their superiors do not want to hear it. Especially since they cluster around each other hangers-on, who will be applauding them. – It does not create anything good. It’s a terrible, bone-degenerate system that requires deep cleaning – concludes judge. But he admits he has no idea if it do. One knows Anna has already passed its judges and, possibly, legal career. And even if he decides to sue your employer, or judgment, it is in position to lose. Because of its evidence will be a hundred other more convincing. It is better to let go and take care of your life before it is too late.
When I read the last – negative – assessment of the work of Anna as an assistant judge, I can not go out with astonishment that in a few sentences, you can conclude such venom. She was conscientious, but focused on irrelevant issues. Timely, but its reasons for not concern the merits. He has sufficient knowledge, but it can not be used in practice. There is stand-alone, but requires guidance. And so on.
I ask the court spokesperson (who sympathize with that exposed him to speak so drenched in the case, but this robot, it’s hard), how did it happen that a worker who five years ago was great, great orientation in the law, creative, suddenly so go silly that he deserves a negative rating. Maybe the previous reviews were false? Or maybe something happened? Corresponds me that the assessment was issued on the basis of seven judges, with whom Mrs. assistant worked. But the seven judges can not be wrong. Well, after all, they do not. Seven of the righteous.
Judge should be of good character – explains a representative of the judiciary me with a lot of experience. This means that a judge is not only in the courtroom during the hearing, when inserted into a toga, but in every moment – he says. And he adds that Anna, even if he had not turned into Amazon, if not his face painted in the colors of war, and so would be at a disadvantage. – If the humbled himself, it would be zadziobana – sums. It is of the opinion that everything tends to worse: With me in court the position of clerical work young, talented lawyer who got the job only because his father is a judge at rest. Yet everyone remembers him. But the walls of the temple of justice storm already next cubs. And every second is a basior on his side – bitterly laughs, adding that such inbred breeding knights Themis is reflected badly on the quality of the staff. Both substantive and moral.
PS. I’m calling of several judges who had previously spent Annie very good feedback. In most they do not want to talk. I understand them, because prior to the merger answering machine announces that the conversation is being recorded.
My callers are anonymous. Firstly, because that administration of personal data that has not made anything, except chemicals – especially the main character – which in the future could make life difficult for them. Secondly, the conflict has so swelled that pouring oil on the fire is superfluous. Especially since no article does not change the judgment that fell long ago. And thirdly, I admit, it makes me care process. Too many details that can be interpreted in different ways. There is a word for word, the document on the document, anger on the anger .
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