Polish prosecutors launch investigation into Supreme Court chief justice

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Notes from Poland is run by a small editorial team and is published by an independent, non-profit foundation that is funded through donations from our readers. We cannot do what we do without your support.

Polish prosecutors have launched a criminal investigation into Supreme Court chief justice Zbigniew Kapiński after he was accused by fellow judges on the court of abusing his powers. Kapiński, however, claims that the move is part of a “coordinated political action” against him.

The dispute marks the latest stage of a broader conflict that has often set judges and other officials, such as Kapiński, who were appointed under the former national-conservative Law and Justice (PiS) government against those who regard PiS’s actions as a violation of the rule of law.

At the heart of the dispute is the National Council of the Judiciary (KRS), the body responsible for nominating judges to positions on courts. Before 2017, most of its members were chosen by judges themselves, but PiS passed that power to politicians, framing it as a move to increase democratic legitimacy

However, according to multiple Polish and European court rulings, PiS’s reforms rendered the KRS illegitimate by bringing it under political influence. As a consequence, the legality of the thousands of judges appointed since then, and all the rulings issued by them, has also been called into question.

Kapiński is one such so-called “neo-judge”, having been nominated to the Supreme Court in 2022 by the KRS.

Now prosecutors are investigating whether he abused his power between May 2024 and May 2026 while serving as head of the Supreme Court’s criminal chamber by blocking motions to exclude other “neo-judges” from cases due to doubts over their legal status.

In a statement announcing the launching of proceedings, the National Prosecutor’s Office said that the case had begun with a notification against Kapiński by fellow Supreme Court judges, who were not named.

The notification was made on 28 May 2026, just three days after PiS-aligned President Karol Nawrocki had chosen Kapiński as the new chief justice of the Supreme Court in a process that had been boycotted by many of the “old” judges appointed before the overhaul of the KRS.

Prosecutors say that, after gathering initial evidence – including witness statements and documents – there is a “reasonable suspicion of a crime”, meaning a formal investigation has been initiated.

If Kapiński is found guilty of abuse of power, he could face a prison sentence of up to three years. However, as chief justice he is protected by immunity from prosecution that can only be removed by the State Tribunal, a body he would head ex officio.

That immunity also prevented prosecutors from bringing abuse-of-power charges against Kapiński’s predecessor, Małgorzata Manowska. She was another “neo-judge” who regularly clashed with the current government, a more liberal coalition that replaced PiS in December 2023.

Speaking to broadcaster TVN on Monday evening, after the prosecutors had made their announcement, Kapiński said that he “treats [the claims against me] as a coordinated political action”.

He explained that, when heading the criminal chamber, he had issued the order to reject motions to exclude judges based on how they were appointed because such efforts were often intended to “prolong proceedings for months or even years”. He said he “cared only about the efficiency of proceedings”.

Kapiński also noted that, on the same day he was informed about the prosecutors’ decision to open proceedings, he was told by the Supreme Court’s disciplinary commissioner that a separate case against him had been sent to a Supreme Court body that reviews judges’ alleged misconduct.

He said that the disciplinary case relates to proceedings involving former PiS government ministers Maciej Wąsik and Mariusz Kamiński, both convicted in a high-profile case concerning abuses in the use of the state security services and later pardoned by PiS-aligned President Andrzej Duda.

After their conviction in December 2023, they were barred from taking part in parliamentary work. Both politicians appealed the decision, which was initially set to be heard by the Supreme Court’s labour chamber.

However, Kapiński, who was acting chief justice at the time, decided to transfer one of the cases to the Supreme Court’s chamber of extraordinary review and public affairs, a body created by PiS and filled with judges nominated by the reformed KRS.

Speaking to TVN, Kapiński also responded to criticism from justice minister Waldemar Żurek, who has questioned the legality of his appointment as chief justice. Kapiński said that the minister “has some difficulty understanding the law properly”.

Responding to accusations of political bias, Kapiński noted that he had ruled in many high-profile cases involving politicians from across the political spectrum and that no evidence had ever been presented of political motivation in his decisions, even in cases that drew criticism from PiS, including the party’s chairman.

The current government has sought to reverse many of the judicial reforms introduced by PiS, including the overhaul of the KRS, but has found its efforts stymied by the veto power of PiS-aligned President Duda and his successor Nawrocki.

Notes from Poland is run by a small editorial team and published by an independent, non-profit foundation that is funded through donations from our readers. We cannot do what we do without your support.

Main image credit: Przemysław Keler/KPRP

Alicja Ptak

Alicja Ptak is deputy editor-in-chief of Notes from Poland and a multimedia journalist. She has written for Clean Energy Wire and The Times, and she hosts her own podcast, The Warsaw Wire, on Poland’s economy and energy sector. She previously worked for Reuters.