Prosecutor probes Supreme Court head Kapiński for overstepping authority
The National Prosecutor's Office launched an investigation into Zbigniew Kapiński, the head of Poland's Supreme Court, for allegedly issuing illegal orders that deprived parties of the right to seek recusal of judges, actions the judge calls a 'political attack'.
Investigation launched
The National Prosecutor's Office opened an investigation on Monday, June 29, into suspected overstepping of authority by Zbigniew Kapiński, who led the Criminal Chamber of the Supreme Court from 2023 to May 2026. Spokesperson Anna Adamiak said the probe covers orders issued between May 8, 2024, and May 25, 2026, which allegedly violated procedural rules and harmed the rights of parties to have recusal motions heard. The investigation was triggered by a notice filed by Supreme Court judges on May 28, following an analysis of the orders and related decisions.
- Start of period under investigation: Kapiński, as Criminal Chamber head, allegedly issues first problematic order blocking recusal motions.
- Kapiński appointed First President of the Supreme Court by President Karol Nawrocki.
- Supreme Court judges file formal notice with the National Prosecutor's Office regarding the orders.
- Prosecutor's Office launches investigation; Kapiński receives disciplinary referral letter before 4 p.m.
Kapiński calls it a political attack
Kapiński, who became First President of the Supreme Court on May 25, 2026, described the investigation as a "coordinated political action" on the same day he also received a disciplinary referral from the Supreme Court's disciplinary spokesperson.
He linked the disciplinary case to a 2024 incident involving MEPs Maciej Wąsik and Mariusz Kamiński, saying he prevented the Labor Chamber from hearing a matter he deemed improper.For me, this is a political attack on the First President of the Supreme Court.
Justice minister dismisses criticism
Justice Minister and Prosecutor General Waldemar Żurek rejected Kapiński's accusations, stating that the investigation is conducted independently of political disputes.
Żurek added that Kapiński is merely acting president, not the First President, because a "so-called neo-judge" cannot hold that office. The investigation was initiated by a dedicated team of prosecutors examining the effects of rulings by judges appointed under the post-2017 National Council of the Judiciary.We are doing our job. I don't comment on the statements of people who contributed to destroying the system of separation of powers.
Disciplinary case also moves forward
Alongside the criminal probe, the disciplinary spokesperson for the Supreme Court sent Kapiński a notice on Monday that a disciplinary case regarding the January 2024 incident had been referred to the Professional Responsibility Chamber. Kapiński disclosed the letter arrived "before 4 p.m.," just hours before the prosecutor's announcement. The convergence of the two proceedings has fueled his view of a coordinated campaign. The Prosecutor's Office said its investigation will now involve formal procedural steps and a comprehensive review of all evidence, including hearings of the judges who filed the initial notice.
