an RN-LR candidate in Haute-Savoie poses with his magistrate’s robe on a leaflet, his opponent alerts the courts

Charles Prats came out on top in the first round of the legislative elections in the 6th constituency of Haute-Savoie. Xavier Roseren, the outgoing Macronist MP, denounced “an attempt to unduly influence voters by using his professional authority”.

Can a magistrate appear in his robe on election propaganda? The question arises after the distribution of a leaflet on which a former judge, Charles Prats, wears the black silk judicial costume, to which is pinned his insignia of knight of the National Order of Merit. However, the magistrate, currently on leave, is the candidate of the alliance between the National Rally and the Republicans in the 6th constituency of Haute-Savoie. At the end of the first round of the early legislative elections, he came out on top with 36.21% of the vote.

After the withdrawal of the candidate of the New Popular Front, the outgoing deputy Xavier Roseren, who came second with 34.68% of the votes, is the only opponent of Charles Prats in the second round. As revealed The New Obs On Tuesday, July 2, this representative of the presidential camp, elected in 2017 and then in 2022 in this constituency which includes Chamonix, denounced the use of this photo in a letter addressed to the High Council of the Judiciary (CSM) and the Ministry of Justice.

Contacted by franceinfo, the ministry confirmed having received the letter from Xavier Roseren, who “is currently being assessed”. On the other hand, the body responsible for guaranteeing the independence of magistrates assures that “for now”no mail “on this point” did not reach him.

“The use of an official symbol such as the magistrate’s robe for an election campaign can be interpreted as an attempt to unduly influence voters by using one’s professional authority”is indignant Xavier Roseren in this letter, quoted by The New ObsThe Renaissance Party candidate believes that “this conduct” could “be considered a serious disciplinary offence, subject to sanctions” from the High Council of the Judiciary.

“For me, a magistrate must set an example. A candidate who is a magistrate and who uses a photo of his robe, that is not normal. He is the only candidate magistrate to have done so.”

Xavier Roseren, candidate of the presidential coalition in the 6th constituency of Haute-Savoie

to franceinfo

Magistrates, subject to an obligation of reserve, must also respect ethical obligations, otherwise they expose themselves to sanctions. They are “forbidden to use this quality [de magistrat] as well as any support allowing it to be deduced for any private procedure”. Does the use of a photo of a candidate in his magistrate’s robe on a leaflet violate this ban? The CSM has never yet been asked to address this issue.

“There is no fault at all”retorts Charles Prats, who assures that he is not “neither the first nor the last to pose in a dress”for example on book covers. “The photo matches my biography, written below. I was tired of people saying that I was parachuted in.”says the magistrate, born in Haute-Savoie, who admits to having written the tract “urgently”.

“I’m running for office, people want to know who I am from the leaflets I’m handing out on the street.”

Charles Prats, LR-RN candidate in the 6th constituency of Haute-Savoie

to franceinfo

Proof that he is not breaking the rules, according to him: during the 2022 legislative elections, the same photo of Charles Prats in his judicial costume “figured” already on his “professions of faith “official”he points out. At the time, he was running under the banner of the Union of Democrats and Independents (UDI). “Legally”it had not “problematic”. “It was exactly the same photo and the CSM didn’t say anything”he insists.

If the High Council of the Judiciary were to slap him on the wrist, it would nevertheless not be a first for him. In January 2023, the magistrate had been sanctioned by the body for several breaches, in particular of the duty of impartiality, and for undermining the image of justice. In question, his comments on Twitter on the “climate totalitarianism” or its comparisons to a “Black Plague” about the rioters and anti-fascists in the “yellow vest” marches.

The High Council of the Judiciary then considered that he maintained “a confusion between his personal opinions on various general subjects outside of judicial activity, his union positions, his political commitment and his activity as an essayist”.