Former Supreme Court president Carlos Lesmes has publicly defended the independence of judge Juan Carlos Peinado, who is overseeing the investigation into Begoña Gómez, the wife of Spain’s Prime Minister. Speaking at a summer course at Universidad CEU San Pablo in El Escorial, Lesmes said that no disciplinary proceedings had been opened against Peinado despite persistent political pressure. Some may have called for action, but no formal steps have been taken to date.
Lesmes reflected on his nine years leading the Supreme Court, saying that not once was a judge disciplined for political reasons, even though politicians, in his words, frequently push for such measures. He dismissed the idea of coordinated judicial action against the government as unrealistic. Judges do not conspire or act with political motives, he said.
The debate over judicial independence has intensified after Prime Minister Pedro Sánchez publicly criticized certain judges. Sánchez, who accused Peinado of misconduct last year, reiterated in a 2025 interview that some judges were acting politically and failing to uphold the law. That has fueled friction between the government and parts of the judiciary, along with accusations of “lawfare” and claims of a campaign against the Socialist Party and Sánchez himself. The dispute escalated after the Audiencia Provincial de Badajoz sentenced the Prime Minister’s brother, David Sánchez Pérez-Castejón, on 14 July 2026 to nine years of special disqualification from public employment or office, as well as from standing for election. The court found him a necessary participant in administrative prevarication linked to his appointment at the Diputación de Badajoz. For more on the government’s response to the verdict, read this related report.
The ruling concerned a post created in 2017. The court found that the position had been created for David Sánchez and that the recruitment process was later adapted to his circumstances, breaching the merit and ability standards for public-sector hiring, as well as requirements for public notice. The judgment did not establish that Pedro Sánchez or his brother pressured officials, or that David Sánchez used influence stemming from his family relationship with the prime minister. Nor did the court determine whether the decision was made at David Sánchez’s request, at the request of someone in his circle, or on the officials’ own initiative.
The sentence is not final and may be appealed to Spain’s Supreme Court. It imposes disqualification, not imprisonment, and both the prosecution and defense had sought acquittal. If the conviction becomes enforceable, David Sánchez would be barred from public employment or office during the relevant period and would also lose eligibility to stand for public office. Pedro Sánchez described the conviction as one in which his brother had been “condemned for being the brother of the president of the Government.”
Lesmes also referred to the Badajoz case, stressing that judges in regional courts act independently, without instructions from higher judicial bodies or the General Council of the Judiciary. He warned against a growing perception that democratic principles conflict with the rule of law. The will of elected officials, he argued, should not override the law as interpreted by the courts. Lesmes called it a false dichotomy to set democracy against the rule of law.
Drawing a parallel with developments abroad, Lesmes cited former U.S. President Donald Trump as an example of a political leader challenging judicial authority. Similar confrontations between political and judicial powers are emerging in Spain and other countries, he said, reflecting wider tensions between branches of government.
Juan Carlos Campo, a former Justice Minister under Sánchez who is now a Constitutional Court judge, also raised concerns about the politicization of the judiciary. He linked the problem partly to the slow pace of justice, which, he said, encourages premature judgments in the media and public opinion. Campo argued that judges should stay detached from political and media pressures, and criticized their participation in political talk shows. He proposed creating a “judicial spokesperson” role, filled by someone not directly involved in cases, to give the public clearer information about ongoing proceedings.
Spain’s judicial system is designed to protect independence: judges are appointed through competitive exams and shielded from arbitrary removal. The General Council of the Judiciary oversees appointments and discipline, while its own composition has been politically contested in recent years. The Badajoz case has also had repercussions within the Socialist Party in the province. Local PSOE politician Ricardo Cabezas resigned from political roles after the judgment. As scrutiny of the courts continues, the balance between political accountability and judicial autonomy remains a central issue in Spanish public life.
