Abused office – mask requirement overturned: Judge now fired

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A family judge from Weimar, Germany, lifted the corona measures at two schools in 2021 – without being responsible for this. The decisions are reversed, the judge loses his office – and his pension.

According to a ruling by the Federal Court of Justice (BGH) on Wednesday, the former district judge has been dismissed. Just when the corona pandemic was still in full control of the region in 2021, Judge Christian Dettmar issued a provisional injunction lifting the measures – previously he would have actively tried to ensure that the proceedings were assigned to him.

The judge referred to the best interests of the child
With regard to the child’s well-being, face-to-face education was again mandatory, while at the same time banning the requirement for distancing, testing and mask-wearing. The decision was quashed shortly afterwards. Both the Jena Higher Regional Court (OLG) and the Federal Court of Justice (BGH) rule that family courts have no jurisdiction in these cases; After all, Dettmar is an administrative judge.

Strong accusations against judges
But it wasn’t just in the courtroom that he caused a stir. Already in the spring of 2020, he began to participate in demonstrations against the corona restrictions and became a member of the then established Association of Critical Judges and Prosecutors.

But as a result, it wasn’t just a matter of reversing his decisions. The Erfurt Public Prosecutor’s Office accused him of perverting the course of justice – a strong accusation against a judge who is supposed to be independent and impartial by profession.

Sentenced to two years in prison
And the court followed the prosecutor’s argument: Dettmar was sentenced to two years in prison with probation in August last year. The man made his decision at the time in a biased manner. He specifically initiated the process and actively worked weeks before his decision to find a family for whom he could conduct child protection proceedings.

Richter selected suitable experts specifically for him
Even the experts in the proceedings were people who “agreed with his preconceived legal opinion,” it was said at the time. The judge appealed the verdict, but the Federal Court of Justice could find no legal errors. Dettmar has “fundamentally” violated procedural rules. He has therefore been legally convicted.

Pension rights have also disappeared
Dettmar’s time as a judge is now over. In Germany, if a person is sentenced to at least one year in prison for an intentional act, he is automatically released according to the law. He not only loses his office, but also his pension rights. There is only one small consolation left for him: the period of his work will at least be insured through the statutory pension.

Source: Krone

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