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Four New Israeli Supreme Court Justices Appointed

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The four justices elevated to Israel’s highest bench are Yosef Elron, (pictured above) President of the Haifa District Court, Haifa District Court Judge Yael Vilner, Tel Aviv District Court Judge George Qara, and Jerusalem District Court Judge David Mintz.

The Judicial Selection Committee, which convened last Wednesday, reached agreement on the appointment of four new justices to the Supreme Court. The court’s full complement is fifteen Justices.

The nine member committee is composed of three (the President and two other Associate Justices) Supreme Court Justices, the Justice Minister and another cabinet member appointed by the government, two MKs, (traditionally one from the coalition, one from the opposition, but this time both are from the coalition due to governmental political sleight of hand which enabled it to play loose and fast with the rules), and two representatives from the Israel Bar Association. A majority of seven is required to approve an appointment.  Since the three Supreme Court Justices usually vote as a block, they can veto an appointment they strongly oppose.

The four justices elevated to Israel’s highest bench are Yosef Elron, President of the Haifa District Court, Haifa District Court Judge Yael Vilner, Tel Aviv District Court Judge George Qara, and Jerusalem District Court Judge David Mintz.

They will be replacing Court President Supreme Justice Miriam Naor, Deputy Court President Elyakim Rubinstein, Salim Jubran and Zvi Zilbertal, who will all be retiring within a few months.

The new President will be Justice Esther Hayut, who is the longest serving justice on the bench. In Israel, when a Court President retires, the longest serving justice succeeds them.

The positive outcome of the meeting surprised most of the pundits, who had been speaking about the likelihood of the committee adjourning without reaching agreement on the new justices. Over the past decade, there has been a growing rift between the Knesset and the Court. MKs from Likud and Bayit Yehudi say the Court is too much of an “old boys (and girls) club” representing an old and fading elite, which uses the court as a tool to maintain its lock on power despite the fact that it no longer commands public support, as witnessed by election results. Over the past several years, there has been a growing right wing chorus, which includes cabinet ministers and MKs that the court thwarts the will of the people, as reflected by election results, and that steps must be taken to curb its overreach.

The right wing is very pleased with the result. Justice Minister Ayelet Shaked said, “the result marks a major step forward towards ensuring that the Supreme Court be more pluralistic in its makeup, and reflect more accurately the heterogeneous composition of Israeli society”.

Her Bayit Yehudi colleague MK Bezalel Smotrich, an outspoken critic of the court who favors legislative action aimed at clipping its wings also praised the committee’s choices. Former Justice Minister Tzipi Livni, Zionist Union Deputy leader also praised the committee’s selection, saying that “those who keep calling for leveling the court by driving bulldozers over it can no longer claim the court is a closed clique”

Outgoing Supreme Court President Miriam Naor also praised the committee’s selection, saying, “four fine and outstanding justices have been appointed to the court”.

A senior legal source, one of Israel’s most respected jurists, who previously served as one of the Bar Association’s representatives on the committee, said that contrary to the media hype, no side came out a clear winner. “Ayelet Shaked got David Mintz, who she wanted, but had to give up Prof. David Han, who she also very much wanted, but Naor vetoed, and settle for Yael Vilner, one of her second choices. Naor got George Qara, who she wanted to replace Salim Jubran (traditionally the Court has always had one Arab Justice). Yosef Elron was a compromise candidate, one of Naor’s second choices”.

“All of them are appropriate choices, respected jurists with long and distinguished careers as senior District Court Judges”.

“Contrary to what many politicians are saying, the court is not that liberal. Five of the Justices are either religious or very traditional, so this sector can no longer claim it is  underrepresented. The incoming President Justice Hayut is a moderate centrist, not a liberal. I see the new court as being primarily centrist, and if it tilts in any direction, it is more likely to be towards a conservative approach than a liberal one”.

Outgoing President Miriam Naor comes from a prominent Revisionist family. Her late mother in law Esther Raziel-Naor was the sister of Irgun leader David Raziel, and served in the Knesset as a Herut MK. Her husband Ariyeh Naor was a close confidante of Menahem Begin, and served as Cabinet Secretary when he was PM.

By: Yoni Ariel
(TPS)

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