Chief Justice warns of campaign against legal system
Supreme Court president Dorit Beinisch says criticism is important but allegations of corruption are baseless
Supreme Court President Dorit Beinisch said Wednesday that a campaign was being waged against the public's faith in the legal system.
"It's become a trend of sorts, wherein every judge is a suspect," complained Beinisch, "there is an ongoing campaign being waged against the public's faith in the system and I don't know who is leading this campaign. There is nothing I would like more than to devote myself to judging cases, but I cannot disregard the task at hand of improving the conduct of the court system. There is much to amend and it depends on two things – the need to correct things from within the system and help from outside the system."
Beinisch was addressing reporters in her first press conference since taking office in September. "The lack of administrative independence in the court system is very serious," she noted, emphasizing the difficulties apparent in budgetary matters, as well as with filling judicial appointments.
Beinisch said that Prime Minister Ehud Olmert gave her his word that the government would not only not cut back on the judicial system's budget but also increase it.
'New justice minister must learn needs of the system'
Beinisch has received her share of criticism earlier this year, particularly from Professor Daniel Friedmann who became minister of justice in February. Many expected the two to clash over Friedmann's reform agenda and public statements about restraining the power of the courts, but so far matters have been dealt with in a relatively calm manner. Beinisch simply said: "I hope he learns the needs of the system and understands that reforms are for the long run and demands a thorough examination."Beinisch did however hint that she did not support drastic changes to the system, including Friedmann's proposal to change the existing committee for appointing judges. She stressed that she approves of re-examining and improving the current method.
Beinisch said she did not understand what all the frenzy over Friedmann's proposal to revoke the Supreme Court’s authority to annul laws was about. "The courts don't cancel laws every day, there have only been five and half instances where this has happened," she said, noting that it was her predecessor, Aharon Barak, who championed the judicial revolution which she said ensured that the Knesset paid more attention to each law it discussed now that the court could intervene.
One of the proposals put forward by Friedmann is the appointment of attorneys from the private sector to judicial positions. Beinisch said that she did not object to such a move, but noted that it would be very difficult to locate eligible lawyers. She also said that the process for selecting judges had become exceedingly meticulous over the past decade.
The word corruption is unfit for the judicial system
Beinisch said that the numerous investigations being conducted against public officials had led to the perception of the courts being tainted with corruption as well.
"The finger is light on the trigger when it comes to that word – corruption. We don't have any studies showing if there is more corruption or if there is simply more exposure. There have been problems in many countries in the world, there have been terrible things, and all in all the judicial system is clean. The word 'corruption' doesn't fit it.
Something in the very nature of this thing is completely baseless. There are things to criticize and fix within the system, but the word corruption must not stick to it.
"Israel can be proud of an independent and professional system," said Beinisch, adding that she constantly received praise from colleagues abroad about Israel's judicial system.
