Is it possible to be both a substitute justice and a lawyer?
We review the judicial roles where substitute judge and lawyer are fulfilled by one and the same person in the Dutch legal system, as practiced since 1996. These roles are fundamentally incommensurate and their objectives cannot reasonably be served by a sole representative. Distinct loyalties sworn in either role inevitably leads to compromised actions, decisions and statements. In effect, it sets up a legal system that is hard-wired to produce perjury. This Dutch invention appears to be unique, and is not known in neighbouring countries, all of which have legal systems founded on the Napoleonic Code. Its legal foundation is questionable.