Consultation for the dates of trial, good use of the procedures for referral, common continuing education modules … The joint advisory council for the two professions published, Friday, June 24, recommendations to stop the degradation of the relations noted in recent years.
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It happens that distressing events produce a salutary electroshock. On March 11, 2021, at the Aix-en-Provence court (Bouches-du-Rhône), a dispute on a request for judgment of a client separately from the ten other defendants, in an important case of drug trafficking, S ‘ is transformed into a pugilat between the lawyer and the president of the hearing. The latter ended up asking the police to evacuate his opponent by force. Lawyers of the other ten defendants turned the heels, as a sign of protest. It did not take more for the joint advisory council of the ethics of the Magistrates-Vocats relationship puts itself at work.
Created in June 2019 to meet the observation of a slow but certain degradation of relations between magistrates and lawyers, this council will have waited on May 26, 2021 to hold its first meeting with representatives of the gratin of the two professions (Court of Cassation , Superior Council of Magistracy, Presidents of Appeal, Prosecutors General, National Council of Barreaux, Conference of Bâtonniers, etc.). The three working groups set up on this occasion challenged the usual rhythms of justice to make their copy, remarkable, in record time. Their reports were published Friday, June 24.
Side “Uses and good practices”, it is first recalled to these two professions, between which Concorde “is necessary for the proper functioning of justice”, that an old tradition exists, called “Faith of the Palace” . We remember that the misuse of this informal and confidential exchange space between a magistrate and a lawyer had provoked, in December 2017, the pure and simple adjournment of the assizes of Georges Tron, then defended by a certain Eric Dupond- Moretti, now Minister of Justice.
A call for better understanding
This “common construction (…) must be restored, preserved and inscribed in the future”. The faith of the palace has “the sole objective of improving the judicial institution and the benefit of justice”, we read in these documents. But she requires “confidence, honor and loyalty”. To guarantee all its effectiveness for this non -recorded use in the procedures, the working group has decided not to lock it up in a field. Flexibility and responsibility, in compliance with the respective ethical oaths and obligations, are the watchwords of this dialogue window intended to avoid misunderstandings or to get around blockages.
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