Justice Minister Slammed Over Reforms (For Ending Judicial Activism, DUH Alert)

Jerusalem Post ^ | 1/02/2008 | Jerusalem Post Staff

[goldstategop]

Justice Minister Daniel Friedmann came under a barrage of criticism Wednesday after announcing a set of reforms apparently aimed at increasing the governments' influence on judicial appointments.

The Justice Minister suggested far-reaching changes to the way judges and court presidents are appointed, sparking angry responses from both Knesset and the justice establishment.

One proposal concerns alterations to the composition of the Judges Election Committee, which is responsible for appointing judges to the Supreme Court. The committee is presently made up of nine members: The justice minister, an additional minister representing the Justice Ministry, the Supreme Court President, two Supreme Court judges representing the judiciary, two lawyers elected by the Israel Bar Association and two MKs, traditionally from the coalition and the opposition.

According to Friedmann's proposal, distributed to MKs and members of the judiciary as a formal memorandum, the Supreme Court would lose one of its seats in the committee, and three new seats would be created. Two of the new members would be a retired judge and an academic, appointed by the government, while the third would be an academic nominated by the Council of University Presidents, itself indirectly appointed by the government. Thus, with five government appointments and heavy influence over a sixth, the government would be assured a clear majority.

A second reform proposed by Friedmann in a separate memorandum concerns the appointment of Court Presidents. Presidents are currently jointly appointed by Friedmann and the Supreme Court President. Friedmann now suggests that the candidates would be allocated by a new committee of five judges. He also announced his intention to cancel the six-month "temporary appointment period", during which new appointees to the High Court are monitored by their senior colleagues.

While Friedmann himself termed the move a "democratization of the Supreme Court", the proposal was severely criticism.

Supreme Court President Dorit Beinisch said that she had learned about the proposed reforms from the media. "These changes would bring about a politicization of the judiciary", Beinisch warned.

Knesset Interior Affairs Committee Chairman Ophir Paz-Pines called upon the justice minister to resign. "The day when politicians appoint Supreme Court judges will be the end of Israeli democracy," Paz-Pines said.

The judges' representative, Varda Elshayach, sent an urgent letter of protest to the minister.

"Your proposed method for the appointment of Court Presidents would have candidates running 'election campaigns' rather than concentrating on judicial work", wrote Elshayach.

[goldstategop]

I've always thought Daniel Friedmann was Prime Minister Ehud Olmert's one decent appointment. As Justice Minister, he has taken on Israel's Left to institute a more democratic manner of appointing the Israeli Supreme Court as well to rein in the Court's out of control judicial activism. Naturally the Left is outraged at the notion the Court might become representative of the entire Israeli population rather than just catering to the Leftist intelligentsia. This has them up in arms. And what is funny is just hearing the judges themselves complain about how Friedmann wants to make judges accountable when in fact they are not accountable to the people of Israel - only to themselves. I wish Friedman good luck in his efforts to bring balance to Israel's judiciary.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus