The public prosecutor of Limoges, accused of remarks with a sexual connotation towards collaborators, must leave his functions and be automatically transferred, requested Tuesday the Superior Council of the Judiciary (CSM), which denounces "
outrageous or degrading" behavior
»
.
“This opinion, consistent with that requested by the Minister of Justice, at the origin of the prosecution, serves as a reminder that inappropriate and sexist comments and behavior within the courts are unacceptable and cannot remain unanswered,”
reacted the Ministry of Justice, requested by AFP.
“In accordance with his constant practice, the Minister of Justice will follow this opinion of the CSM and will apply the proposed sanctions
,” he added.
The last similar decision proposed by the CSM, but for a different reason (
“failures”
), was pronounced in June 2022 against the Albi public prosecutor at the time, a judicial source clarified.
At the head of the Limoges public prosecutor's office since 2020, Baptiste Porcher appeared before the CSM at the beginning of February.
In his decision, the latter cites in particular
“outrageous or degrading behavior and comments with a sexual connotation”
towards an assistant lawyer, judicial assistants or magistrates placed under his authority.
“The magistrate failed in his duties”, according to the CSM
According to several media outlets which attended the hearing last month, Mr. Porcher was notably criticized for having added a suffix to a proper noun to form the word
“fellatio”
, or for making gravelly remarks, like this colleague. invited to learn how to use firearms:
“I don’t know if she would want to shoot a shot with her prosecutor!”
“By making such degrading and vulgar remarks (...), the magistrate failed in his duties as head of a court to which falls a particular duty of exemplarity and undermined the trust and respect that the function of magistrate must inspire”
, we can read in the decision of the CSM.
According to the Superior Council,
“these attitudes and comments demonstrated an inability to adopt the behaviors and respect the limits that are required in the context of professional relationships”
.
“It’s a way of distancing yourself,” argued Baptiste Porcher
“This decision reflects a movement that affects all spheres of society, including the world of the judiciary. We dare to call into question the responsibility of managers. It’s a change in times where everyone is accountable, even the bosses
,” commented for AFP an observer of the CSM’s disciplinary procedures who wished to remain anonymous.
“Without going so far as to say that it is a #metoo of the judiciary, serious behavior in a professional setting, which at one time passed, no longer passes today.
And a certain generation has not yet integrated these changes
,” estimates this source.
The CSM thus brushes aside in its decision
“the argument of the use of supposed humor to unite the prosecution put forward by the public prosecutor to justify himself”
.
At the hearing Baptiste Porcher, quoted by the magazine
L'Obs
, spoke of
"black, even ribald humor"
, while denying himself making
"misogynistic jokes"
.
“When you are on duty (at a public prosecutor's office), you are horrified every day.
“It’s a way of distancing yourself
,” he argued.
On Tuesday, his lawyer Olivier Morice told AFP that the request for sanctions against him was
“totally out of step with the facts with which he is accused”
.
“I think that this is a disproportionate sanction, especially since Mr. Porcher appeared before the Superior Council of the Judiciary, he has benefited from extremely significant support from various magistrates and members of the judicial court of Limoges who support him”
, according to him.
He claims to reserve the right to appeal to the Council of State.
“The scale, recurrence and lasting nature of the shortcomings observed make it impossible to continue the activity of public prosecutor as well as any activity within the jurisdiction of the judicial court”
of Limoges, affirms the CSM.