Last update - 00:00 20/02/2007
Beinisch overrules reprimand of judge in Ramon trial
By Yuval Yoaz, Haaretz Correspondent
Supreme Court President Dorit Beinisch and the courts administrator have overruled a move to reprimand Magistrate Hayuta Kochan for allowing her children to give media interviews in her place.
Kochan headed the judges panel that convicted former minister Haim Ramon on charges of indecent behavior three weeks ago. After the verdict, Kochan's children were interviewed by the media about their mother and her ruling.
"It appears that your children have enlisted to express your views in public," Aharoni wrote.
In a statement released Tuesday, Beinisch said that, "it is not within the jurisdiction of the court spokeswoman to reprimand judges," and this is why she instructed spokeswoman Rivka Aharoni to rescind the letter of reprimand she sent Magistrate Kochan.
Beinisch's statement also clarified that Kochan had not complained before the Supreme Court President or the court administrator Moshe Gal about Aharoni's letter, and that Beinisch had learned of the letter only because copies of it were sent to her and to Gal.
"The President and court administrator believe it is not within the spokesperson's jurisdiction to issue a reprimand to judges, and that this authority is vested in the hands of the president and the court administrator," Beinisch wrote also.
"Ms. Aharoni's letter that included a reprimand was issued without the proper authority," Beinisch said adding, "That is why Ms. Aharoni was required to apologize to the magistrate, since it is not in her authority to reprimand judges on her own accord."
According to Beinisch, as soon as she and Gal had learned of the media interviews Kochan's children gave, Gal spoke to Kochan and clarified it was inappropriate to have her children interview on the media on her behalf.
She added that judges are not allowed to give interviews, not themselves and not vicariously through family members, unless given permission to do so by the Supreme Court President.
Aharoni ended up withdrawing her letter in wake of Beinich's involvement in the affair.
"Under the circumstances I withdraw my letter," Aharoni wrote to Kochan. "Those things had to be said for the good of the judiciary in general and you in particular... but I had no intention to reprimand or reproach you, and if I did so I apologize," she wrote.
Children defending on the media
"Nobody examined her past verdicts thoroughly," said Zvi Kochan on Channel 1's "New Evening" program about his mother, adding that she had also acquitted people.
"Everyone should feel compassion when the justice minister is convicted, but compassion [must be shown] to both sides. The court decided to accept the complainant's version rather than Ramon's," he said.
Attorney Michal Kochan, the magistrate's daughter, said on Channel 10, "since her position prevents her from speaking and the media keeps talking about her, I'm here to show another side of Magistrate Kochan."
Following these interviewes, court spokeswoman Rivka Aharoni wrote Kochan the letter of rebuke.
"This is in violation of judicial ethics. Following your children's media appearances, I received many queries from judges, including Tel Aviv Magistrate's Court President Edna Beckenstein, who asked if these interviews were authorized. It is my duty to tell you that these interveiwes have harmed the judiciary, whose judges have so far expressed themselves only through their verdicts... I believe what you did is improper. and I hope that not every judge who wants to express himself will do so through his relatives," she wrote.