By Aviad Hacohen
Almost a year and a half has passed since the permanent seat of the president of the Israeli Supreme Court became vacant. As expected, the Judicial Selection Committee approved the appointment of the “veteran judge,” Justice Yitzhak Amit, to this prominent position.
The conspicuous absence of the committee’s chairman, the minister of justice, from the vote did not surprise anyone. For months, every possible tactic was employed to prevent the selection and only a judicial order from the High Court of Justice led to its eventual implementation, though it came too late.
Although the saga formally ended, it seems that we are only at its beginning — in the first chapter of this unfinished symphony, whose tones are especially jarring — and not at its conclusion.
It is likely that the chairman of the committee, the minister of justice, will stand by his word and refrain from any cooperation with the newly appointed president, due to his refusal to recognize the legitimacy of the appointment.
In the absence of cooperation, we are likely to witness a paralysis of action.
This prolonged paralysis will undoubtedly affect the entire judicial system and, ultimately — and most importantly — the essential service it is meant to provide to the citizens of Israel.
In the current state of affairs, the hands of the newly appointed president will be almost entirely tied.
The appointment of judges, even in lower courts, requires convening the committee. This responsibility lies with its chairman, the minister of justice. It can be expected that as part of the “arm twisting” and the rift between him and the new president, any such action will be met with endless delays and will inevitably lead to a series of additional petitions to convene the committee. It goes without saying that it is impossible to maintain a proper and orderly appointment process based solely on judicial orders.
If this occurs, beyond mere “revenge,” it is unclear what the minister hopes to gain from such a move. Had there been cooperation, he could have appointed, as was done in the past, dozens of “conservative” judges to various courts, including the Supreme Court, within the framework of the “give and take” that has always existed within the committee.
According to current law, even temporary appointments, including registrar positions, presidents, and deputy presidents, or transferring a judge from one district to another, require the agreement of both the minister and the president of the Supreme Court. In its absence, we are headed for an increasing shortage in the judiciary caused by the retirement of judges, a shortage already having a destructive impact on the pace of legal proceedings.
It is important to remember that this issue is not merely about temporary “discomfort” or the delay of civil rulings. A significant portion of the judicial system’s time is devoted to criminal proceedings, some involving particularly severe crimes.
The shortage of judges, which will only increase over time, thus means prolonged judicial suffering for those already on trial and the continued freedom of criminals, including murderers and rapists, to roam free in society, without a conviction that would sentence them to long imprisonment behind bars.
Above all of this, the provocateurs and instigators, if only to sour public opinion, will continue to wave the flag of “illegality” that, according to their perspective, taints the building violations found in the residence of the newly appointed president, Amit.
Even here, no amount of explanation will help. Nor will the local planning and building committee’s renewed decision. Needless to say, as has been proven so far, the facts in this matter are entirely irrelevant. The papers — and especially social media—can bear everything. The spins sent into the world on this matter thus far could easily be registered in the Guinness World Records under the “spin doctoring” category, with more to come.
And we have yet to address the directed trend of diminishing the stature of the judicial system, humiliating it and mocking it, a process that has already significantly eroded public trust in it, with an uncertain end in sight.
In short: the ongoing destruction of the judicial system is in full swing and its end is not yet in sight. In the end, unfortunately and to our sorrow, we all will pay the price — and continue to do so — regardless of political views, religion, race, or gender.
Aviad Hacohen serves as the President of Sha’arei Mishpat Academic College and previously held the position of dean at its law school. Professor Hacohen’s extensive academic research encompasses Mishpat Ivri, human rights, criminal law, and civil law and their intersections with Jewish law.
