High Court rules Justice Minister Yariv Levin must convene Judicial Selection Committee

Israel's High Court has mandated Justice Minister Yariv Levin to convene the Judicial Selection Committee, prioritizing appointments for district courts in Be'er Sheva and Haifa. The unanimous decision by justices Ofer Grosskopf, Alex Stein, and Gila Kanfi Steinitz addresses the severe shortage of judges across all court tiers, a situation exacerbated by Levin's 18-month refusal to convene the committee.

“

The court clarified that while the Minister is not obligated at this time to convene the committee for the purpose of filling the vacant seats on the Supreme Court, given the special legal arrangement regarding judicial appointments to this specific bench, there is significant difficulty in the fact that this bench has been operating with a partial roster for nearly three years.

The High Court stated that Levin's refusal, attributed to a lack of broad consensus on candidate selection, has significantly hampered the court system's ability to enforce laws and provide efficient public service. While the minister is not currently obligated to convene the committee for Supreme Court vacancies due to specific legal arrangements, the court noted the "significant difficulty" of the Supreme Court operating with a partial roster for nearly three years. This partial staffing, combined with an increased caseload, has caused "severe harm to the court's ability to properly fulfill the duties imposed upon it."

“

The decision is "patently illegal," and that the "judicial branch is taking over the Judicial Selection Committee, in express violation of the provisions of the law."

In response, Levin vehemently condemned the ruling, labeling it "patently illegal." He accused the judicial branch of attempting to usurp control of the Judicial Selection Committee, which he argued is a direct violation of the law. Levin suggested that judges interested in managing the committee should resign their positions, run for political office, and seek the Justice Ministry portfolio through coalition negotiations. He placed the responsibility for an "unprecedented constitutional crisis" squarely on the justices.

“

If any of the judges wish to manage the Judicial Selection Committee and determine its meeting dates, they are welcome to shed their judicial robes, run for the Knesset, try to get elected, and demand the portfolio of the Justice Ministry during coalition negotiations.

Attorney-General Gali Baharav-Miara also criticized Levin's conduct, asserting that his non-cooperation with Supreme Court President Isaac Amit undermines the functioning of the courts and public service. The High Court's ruling highlighted the need for Levin and other committee members to make further efforts to fill the four vacant seats on the Supreme Court, emphasizing the detrimental impact of the ongoing judicial vacancies.

“

Three judges have, with their own hands, manufactured an unprecedented constitutional crisis, and the responsibility rests entirely at their doorstep.