On Tuesday, a German judge suspended on the suspicion of involvement in right-wing extremist groups will stand before the President of Bamberg Higher Regional Court. Whether the judge ever intended to abuse his position, or whether he is simply a man who had turned away from his right-wing past remains in question.

The judge, known only as Maik B. was appointed, on two year probation, at Lichtenfels District Court in the Upper Franconia region of Bavaria on November 1, 2013, where he worked for almost a year.

It is now believed, however, that during his studies in Brandenburg, he was a singer in several right-wing extremist bands, including one project called "Hassgesang" or "Hate Chant."



According to the news agency DPA, it was a police officer who brought the story to light. In February, having observed Maik B. for sometime, German intelligence in Brandenburg contacted colleagues in Bavaria, informing them of his move to the south, along with details of his right-wing extremist activities.

Despite failing to make the connection to Maik B.'s job in Bavaria, the case was brought to the attention of state police. According to DPA, it wasn't, however, until Maik B. made a complaint to the police in September after his locker was broken into that his name was recognized.

Responding to the allegations, Bavaria's Justice Minister Winfried Bausback (CSU) on Monday said, "In Bavaria and in Bavaria's judiciary, there's no place for right-wing extremism, anti-semitism or xenophobia."

"If the allegations are confirmed, we will act," said Bausback. The judge could potentially be sacked.

Anti-radical decree

In light of the scandal, Bavarian Interior Minister Joachim Herrmann (CSU) and Bausback have called for the revival of "Radikalenerlass," which translates to "anti-radical decree," which was abolished over 20 years ago.

Winfried Bausback (CSU) says right-wing extremism has no place in Baveria

The anti-radical decree was introduced in 1972 by German chancellor at the time, Willy Brandt. Under the abolished law, people considered to hold radical views were unable to work as civil servants in the public sector. This included positions, for example, in education and law, but also, at the time, in telecommunications and rail services. The decree was seen as a government response to left-wing extremists such as the Red Army Faction (RAF). Today, however, many are calling for the return of the decree in order to tackle a rise of right-wing extremists in the public sector.

Professor Stephan Lorenz of the Ludwig Maximilians University in Munich, agrees with Hermann and Bausback on the issue, claiming that had such background checks and enforcements been in place, "the position would never have been appointed" to Maik B.

"I think that in sensitive fields of work such as the judiciary, police and teaching, for example, the decree should be brought back," Lorenz told DW. "But then where do they draw the line?" he asked. "That's something only politics can advise upon."

This is the question on the lips of many critics of the anti-radical decree, as the reinstating of such a law would not only prevent people with a right-wing political alignment from working in any area of the public sector, but particularly for Germans, the idea of banning people from working in a certain field bears too much similarity to the so-called "Berufsverbot," a ban introduced by the Nazi regime in 1933 to prevent Jewish people from working in certain professions.

Professionalization of Nazis

In an interview with DW, Martin Becher, director of the Bavarian Federation for Tolerance, a project against right-wing extremism, said he was surprised by the "lack of communication" between authorities in Brandenburg and Bavaria.

Neo-Nazis are leaving behind the army boots in favor of "professionalization"

"It's different if he's a baker or a butcher. But this of course it's a sensitive field of work," Becher added.

Becher, however, was aware of a recent increase in neo-Nazis choosing to study law, which he described as the "professionalization" of right-wing extremists, who had shed their stereotypical image of skinheads in "bomber jackets and army boots."

"What doesn't surprise me is that fact that for some years there's been an increasing number of academics among right-wing extremists," he said.

Becher believes that law studies have a gained particular attractiveness in neo-Nazi circles - possibly due to the need of like-minded people in the right positions of power.

Lorenz confirmed that some of his colleagues had seen some neo-Nazis in their classes. He did not agree, however, that there was any reason to believe there was a "mass trend" of neo-Nazis studying law.

Not 'typical' to Bavaria

Becher said there was an increasing amount of neo-Nazi activity in Upper Franconia in recent years.

"There's some property here that's been bought by neo-Nazis, places in the area where there are neo Nazi events and where they march on Volkstrauertag [people's day of mourning] or as the neo-Nazis still call it, the 'Heldengedenktag' [day of commemoration of national heroes]."



The recent trend in southern Germany, however, was not a "typical Bavarian" trend, he insisted. "This could happen in any German state."