Hessian Justice Minister triggers debate about freedom of expression for lawyers

A decree from the Hessian Ministry of Justice on a possible AfD ban procedure has sparked a discussion about the freedom of expression of lawyers. The background to the instruction from Justice Minister Christian Heinz (CDU) is an open letter from the Republican Lawyers' Association (RAV), which calls for proceedings to be banned against the party. Since judges and prosecutors from Hesse also signed the appeal, the ministry warns of the threat of bias applications that could block ongoing court proceedings. The opposition in the Hessian state parliament and legal associations sharply criticize the decree. The AfD is being monitored by the Federal Office for the Protection of the Constitution as a suspected right-wing extremist in Hesse.

State Justice Minister Christian Heinz (CDU) explained in his house's decree that the aim was to "sensitize the courts and public prosecutor's offices to the fact that proceedings could fail due to applications for bias against judges and public prosecutors who have signed the RAV's open letter." This could always happen if they publicly positioned themselves politically, especially with their job title.

Criticism from different sides

In contrast, there was criticism from the Green opposition in the state parliament, the New Association of Judges (NRV) in Hesse and the Jusos in the state. Justice Minister Heinz rejected the allegations. Several media outlets had previously reported on it.

The Green parliamentary group spoke of “anticipatory obedience” in order to call on the court administrations to check whether there could be “reason for official measures” among judges and public prosecutors who signed the RAV call. Rather, Minister Heinz should fully support these lawyers.

Interference with judicial power?

The NRV called the government's decree a serious interference in the judiciary, i.e. in the judicial power in the state, as well as in the freedom of expression of the judges and prosecutors affected. Minister Heinz should protect them instead of putting them under pressure.

The Hessian Jusos rejected the Ministry of Justice's justification for wanting to prevent possible requests for bias: Decisions on bias should be made in court proceedings, "not through ministerial intimidation instruments".

Minister speaks of possible misunderstandings

Minister Heinz emphasized that his office had in no way suggested disciplinary measures because judges and prosecutors had expressed their political opinions. “The opposite is true: the ministry had already pointed out in August that the signing of a political appeal in an off-duty context is not in itself a violation of the so-called ban on moderation,” explained Heinz. All citizens, including members of the judiciary, can and should “stand up for democracy and be politically active.” There may have been misunderstandings.

The AfD opposition in the Wiesbaden state parliament recently asked the black-red state government in a small question how many members of the Hessian judiciary had signed the call for a ban. The AfD parliamentary group also asked about any applications for bias that had already been made in the judiciary.