Attorney-General Gali Baharav-Miara should not interfere in matters related to the ongoing judicial overhaul because of a conflict of interest, a group of right-wing NGOs contended in a petition to the High Court of Justice on Monday.
The Attorney-General’s Office stands to be impacted and have its powers altered as part of the judicial reform process, the NGOs argued. Baharav-Miara and her deputies therefore have an interest in interfering with the reform.
Some members of the coalition have called to divide the attorney-general position into two offices, because they think it is too powerful. Justice Minister Yariv Levin also included in his initial judicial reform announcement his intention to require government legal advisers to offer opinions in favor of the government’s policies. The coalition has not yet introduced bills on these policy proposals.
“It is difficult to detach the institution of the attorney-general, including all those acting on their behalf or in their capacity, from the rule that no one can discuss a trial in which they have an interest in the outcome,” said Israeli Immigration Policy CEO Dr. Yona Sharki, who filed the petition on behalf of the group. “If in Israeli law the prohibition of conflict of interest has taken root and applies to every public official, all the more so should this prohibition apply to a public official who is granted discretionary authority with real judicial characteristics.”
"If in Israeli law the prohibition of conflict of interest has taken root and applies to every public official, all the more so should this prohibition apply to a public official who is granted discretionary authority with real judicial characteristics."
Dr. Yona Sharki
Netanyahu's conflict of interest in Israeli judicial reform
The group cited government legal advisers’ opinions regarding Prime Minister Benjamin Netanyahu’s own conflict of interest to support their argument.
Baharav-Miara had declared that Netanyahu’s involvement in the reforms would violate the conflict of interest agreement developed by her predecessor. The agreement holds that Netanyahu cannot involve himself in the appointment of legal officials. In addition to the reform’s plans regarding legal advisers, a bill currently being prepared for its first reading would change the composition of the Judicial Selection Committee.
The NGOs that have joined the petition are Im Tirzu, the Movement for Governance and Democracy, the Lavi Organization, and Professors for a Strong Israel.