Ordem dos Advogados faces scrutiny over disciplinary complaint rulings

The Superior Council of the Portuguese Bar Association (Ordem dos Advogados) has faced criticism following a unanimous decision on September 25 to summarily archive all disciplinary complaints submitted by judges regarding dilatory maneuvers.

Under current criminal procedure laws, judges may fine defendants for unfounded acts that delay proceedings. Upon a second conviction for such fines, the law requires the court to send a certificate to the Bar Association to determine the lawyer's disciplinary responsibility.

The Council's decision to archive these specific complaints—unless they involve matters exceeding the scope of dilatory maneuvers—has raised concerns. Critics argue that the threat of disciplinary sanctions may intimidate legal professionals and compromise the independence of the defense, potentially undermining constitutional guarantees regarding the right to legal assistance and a fair trial.