Supreme Court President Dorit Beinisch is opposed to having the Judicial Selection Committee convene next week to select justices, as Justice Minister Daniel Friedmann has scheduled.
From Friedmann's point of view, there is urgent need for convening the session for at least two reasons. There are not enough judges, at many levels of the court system, to adequately process the current caseload in a timely manner. Also, Friedmann might not be Justice Minister in the next government. He has crusaded for reform in the High Court, and this might be his last chance to continue those reforms.
Beinisch sent a letter Tuesday to Justice Minister Daniel Friedmann in which she said that ruling as a judge is "a public task of decisive import." She added that that discussions toward selecting judges should not be held until there is a new government prepared.
War Continues Between Beinisch and Friedmann
There continues to be a struggle between Beinisch and Friedmann over appointments and related matters. MK Ofir Pines-Paz (Labor), the chairman of the Knesset Interior Committee, described it in March as a declaration of war by Friedmann on the justice system, intended to curb the power of the High Court of Justice.
Friedmann, a fierce critic of the Supreme Court, has suggested and moved forward with several reforms aimed at curtailing the unchecked nature of the court’s authority. The Justice Minister has written that his "proposals are meant to change the composition of the Judicial Selection Committee in order to broaden the range of opinions represented there and to allow for greater public involvement in the election of the Supreme Court justices."
Though opposed by Court President Beinisch, Friedmann contends that his reforms will actually increase the court’s stature by restoring the public’s trust in the legal body. A survey conducted early this year demonstrated that the public does not hold the High Court in very high esteem at present.
Beinisch has claimed that the reforms proposed by the Justice Minister will lead to a weakening in the status of the Supreme Court, will undermine the authority held by the Supreme Court's President (herself - ed.), will politicize the judge appointment process and hurt judicial independence.
Retired district Judge Uri Shtruzman supports Friedmann's initiatives, for the most part. "Justice Minister Daniel Friedmann's suggestions actually reduce politicization, but the discussion around them is not on-topic," Judge Shtruzman said. "Every initiative that Minister Friedmann comes up with is like a red flag for many people." Shtruzman, who sat in the Tel Aviv district court, said he supported the minister's initiatives, "although they can be improved here or there."
"Ever since the Supreme Court became an active court which deals not only with pure questions of law and jurisprudence, but also in political matters, the public's trust in it has deteriorated," Shtruzman said.
Delaying Could Win Beinisch Her Way
Beinisch might get her way by simply delaying each stage of the appointments, since Friedmann might not remain Minister of Justice in the next government. She will still be President of the Supreme Court.
This is far from the first time that Beinisch has delayed Friedmann's efforts. When she did so last month, Friedmann pointed out that she herself was an exception to the rule upon which she was insisting.