The Knesset on Tuesday night passed a law altering the process for appointing the Commissioner for the Review of Judges. Under the new law, approved by a vote of 56 in favor and 48 against, the Commissioner will be appointed by a committee led by the Justice Minister, with most committee members being politicians or coalition-backed appointees. This marks a shift from the old system, where the Committee for the Selection of Judges approved a candidate who was jointly nominated by the Justice Minister and the President of the Supreme Court.
The committee will be composed of the Justice Minister, Labor Minister, a Knesset member, a retired judge elected by the Supreme Court justices, a retired judge elected by the presidents of the district courts, a retired rabbinical dayan elected by the chief rabbis, and the national public defender.
The judicial review commissioner is legally authorized to investigate complaints regarding judges’ conduct while performing their duties, including in the handling of their cases. The commissioner’s authority applies to secular and rabbinical judges, as well as legal registrars.
Under the new law, each committee member may nominate up to two candidates for the position, with the commissioner being elected by a majority of four out of seven members. Additionally, the committee will have the authority to remove or suspend the commissioner with the approval of five members.
MK Simcha Rotman (Religious Zionism), the chairman of the Constitution, Law, and Justice Committee who spearheaded the new law, stated before the plenary vote that “for the past two years, it has been impossible to voice complaints about the judicial system.” He asserted that “judges have consistently resisted criticism.” Rotman urged opposition representatives “not to take part in the fight against oversight and to allow the public, through the judicial review commissioner, to fulfill its role in scrutinizing the judiciary.”
Before the establishment of the Judicial Review Commission in 2003, Israel lacked a legal body dedicated to handling public complaints about judges. The legislature created this body to provide potential complainants with a single point of contact for their inquiries, ensuring a professional, neutral, and consistent approach to managing complaints. Since its establishment, complaints received from various parties outside the commission have been forwarded to it.
Once the investigation of a complaint is completed, and based on the findings, the Commissioner may recommend to the Justice Minister and the President of the Supreme Court that the complaint be referred to the Disciplinary Court for Judges. The Commissioner is also authorized to suggest to the Judicial Selection Committee that a judge’s term of office be terminated. Additionally, the Commissioner has the authority to recommend corrective actions if deficiencies are identified during the investigation. If the investigation raises concerns of criminal activity, the Commissioner is required to report the matter to the Attorney General, the Justice Minister, and the President of the Supreme Court.
One immediate result of appointing a judicial review commissioner according to the new law could be his investigation of complaints about the new, self-appointed Supreme Court President Yitzhak Amit, regarding his allegedly conducting trials where he had a clear conflict of interest (including a case that involved his brother), as well as disturbing irregularities in at least two of his real estate holdings.
