Unprecedented Powers of the Judiciary to Impose Restrictions and Control on Lawyers

Abdollah Abdi - Abdi Media

Regarding the letter from the General Directorate of Justice of Golestan Province, which has not yet been fully verified by Abdi Media, and assuming its accuracy based on the directive issued by the Deputy for Legal and Parliamentary Affairs of the Judiciary to the General Directorates of Justice of the provinces, it should be noted:

Article 2 of the Law on the Quality of Obtaining Legal Licenses includes several provisions, such as belief in and commitment to the Supreme Leader and the Islamic Republic, and non-affiliation with anti-revolutionary groups, among others. Article 89 of the 2021 regulations addresses the loss of these conditions during employment, meaning that whenever the head of the judiciary or the judicial authority delegated the power to, such as one of the deputy directors of justice in any province, determines that a lawyer does not have practical adherence or lacks the stated conditions, they can request the suspension of the lawyer.

This regulation was approved by Ebrahim Raisi during his final days as head of the judiciary, and many legal experts believe that the head of the judiciary did not have such authority. However, the bar associations complied.

If the disciplinary court of the bar association does not accept the suspension, the authority has the right to appeal, and the case goes to the Supreme Disciplinary Court of Judges, which naturally would accept the judiciary's opinion and suspend the lawyer.

Article 124, Section 1 also addresses misconduct that is contrary to the dignity of the legal profession, with a disciplinary punishment of grade 4, meaning a reduction in the level of legal practice.

The part about misconduct provides them with this authority, even if the lawyer has not yet been convicted or even if they have no case against them. Simply considering the lawyer’s actions—whether participating in gatherings, signing statements, posting on Instagram, or speaking contrary to the government’s interests—as contrary to the dignity of the legal profession allows them to suspend and bar the lawyer from practice.

Furthermore, all of this applies if the lawyer is a member of the bar association. If they are a member of the Center for Lawyers and Legal Advisors of the Judiciary, known as 187, restrictions can be even more easily enforced. It is enough for this section of the judiciary to issue a directive to that center, and they would more readily comply.