Knesset Constitution Committee chairman MK Simcha Rothman held a committee meeting on Monday to debate a controversial bill to change the election method of the judicial system watchdog responsible for dealing with complaints against judges.
Under the current law, the overseer is appointed by the Judicial Selection Committee, based on a joint proposal by the justice minister and the Supreme Court chief justice. The law requires the individual to have a relevant background and deep familiarity with the court system, and, although not required by law, all former watchdogs have been retired Supreme Court justices.
The watchdog oversees all judges with statutory powers, including criminal courts, transportation courts, and family courts, and also judges in religious courts.
The former watchdog, former Supreme Court justice Uri Shoham, finished his tenure in May, and Justice Minister Yariv Levin has since refused to cooperate with former acting chief justice Uzi Vogelman and Chief Justice Isaac Amit to appoint a new watchdog.
The original proposal was that the power to elect the watchdog would shift from the Judicial Selection Committee to the Knesset. The bill said the justice minister or any group of 10 MKs may put forward a candidate, and the Knesset then must approve a candidate with at least 70 MKs. The proposal does not require that the watchdog have any professional requirements.
Electing a watchdog?
Rothman argued at the time that the Knesset, as the representative of the people, should have the prerogative to elect the watchdog. In addition, Rothman argued that the Supreme Court chief justice should not be involved in the election process since he himself would face oversight by the watchdog.
However, representatives from the Attorney-General’s Office, opposition MKs, and civil society groups argued that the bill would politicize the role of the watchdog, who may then use their powers to sanction judges based on their political affiliations. This proposal was part of a wider attempt by the government to undermine and weaken the judicial branch’s independence, they argued.
Rothman offered a new version ahead of the Constitution Committee meeting on Monday, which he portrayed as a compromise.
According to the new version, the committee to appoint the watchdog will include the justice minister, the labor minister, a retired judge elected by the Supreme Court bench, and a retired Labor Court judge elected by the National Labor Court bench.
It will also include a retired religious court judge (dayan) elected by the two chief rabbis, the national public defender, chairman of the Knesset Constitution Committee, chairman of the Knesset State Control Committee, and a lawyer who is an experienced litigator, appointed by the justice minister.