BICOM

Israel’s Supreme Court President yesterday accused the Justice Minister of placing a “gun on the table” by refusing to speak out against a draft bill to alter the judicial appointments system.

In a letter to Justice Minister Ayelet Shaked, Supreme Court President Miriam Naor said: “I can only interpret your silence as expressing the position that the bill and its timing are with your consent. Tabling this bill at the present time is tantamount to placing a gun on the table.”

Naor added that consequently, the Supreme Court has “no intention to continue at this time with the dialogue” over a list of upcoming Supreme Court appointments.

The Judicial Selection Committee has nine members – two representatives from the cabinet (Shaked and Finance Minister Moshe Kahlon), two Knesset representatives (Likud MK Nurit Koren and Yisrael Beitenu MK Robert Ilatov), three representatives from the Supreme Court (Naor and Justices Rubinstein and Jubran) and two representatives from the Israel Bar Association (attorneys Ilana Seker and Khaled Hosny Zoabi).

New Supreme Court appointments must receive a special majority of seven votes, which usually requires a degree of compromise between representatives of the judiciary and the legislature. The new bill submitted by three Yisrael Beitenu MKs, including committee member Robert Ilatov, calls for a return to the system prior to 2008, where a simple majority of five is required, handing the Knesset committee representatives greater weight.

The issue of judicial appointments has been a source of conflict between Supreme Court chiefs and Justice Ministers for decades. However, it is particularly sensitive now with four 4 of the 15 justices, including Naor, facing mandatory retirement this year. Naor and Shaked have been discussing possible replacements.

Writing in Yediot Ahronot, Tova Tzimuki called Naor’s letter “premature and excessive hysteria”. Opposition leader Isaac Herzog termed the bill part of an attempt by Prime Minister Netanyahu and his supporters to lead “a kind of coup to purge the legal establishment, the media, criticism and the democratic order in order to perpetuate his reign”.