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Weimar coronavirus mask case under scrutiny by BGH: Appraisal of previous ruling

In the midst of the Corona pandemic, a regional judge declares the obligatory use of face masks in educational institutions as void. However, this ruling is subsequently annulled, and the judge is eventually found guilty of misusing their authority. The Federal Court of Justice now prepares to...

The Higher Judicial Authority is pondering over a ruling against a local magistrate accused of...
The Higher Judicial Authority is pondering over a ruling against a local magistrate accused of showing favoritism.

- Weimar coronavirus mask case under scrutiny by BGH: Appraisal of previous ruling

The German Federal Court of Justice (BGH) in Karlsruhe will examine on Wednesday (10:30 AM) if the conviction of a judge from Thuringia, accused of judicial misconduct related to his ruling on COVID-19 measures, was legal. The judge had sought to abolish the mask mandate in two schools in Weimar. His ruling was later overturned in higher courts, but he was then found guilty of judicial misconduct by the Court of Erfurt.

Misconduct Charges

According to the Erfurt judges, the defendant had already made up his mind and manipulated the court process to reach this predetermined verdict. This constituted a severe case of judicial misconduct, as the Court of Erfurt declared in its August 2023 judgment.

In addition, the judge had allegedly tried to conceal his role in preparing the court case concerning the mask mandate. Weeks prior to his decision, he had reportedly worked to identify a family with children he could use to initiate a child protection case. He was given a suspended sentence of two years for judicial misconduct. Both the defendant and the public prosecutor's office have appealed. The exact date for the BGH's decision on the case is yet to be confirmed.

The defendant's appeal against the judicial misconduct conviction by the Court of Erfurt is currently being reviewed by the higher authority, the Court of Justice, known as The Court of Justice. Despite the overturning of his ruling on the mask mandate in higher courts, the allegations of manipulating the court process and concealing his role in preparing the mask mandate case are still under consideration by The Court of Justice.

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