Last update - 00:00 01/08/2007
Ex-High Court justices back Chief Justice in battle with Justice Minister
By Jonathan Lis and Carmel Ben-Tsur , Haaretz Correspondents
Retired Supreme Court justices Mishael Cheshin and Dalia Dorner on Wednesday backed Chief Justice Dorit Beinisch in her increasingly harsh battle with Justice Minister Daniel Friedmann, over Friedmann's plans to reform the selection process for senior court positions.
In an interview with Channel 2 television, the former deputy chief justice called on Friedmann to resign, saying Prime Minister Ehud Olmert must "restrain Minister Friedmann from committing these horrible acts."
Dorner, herself a former chief justice, said in an interview with Army Radio that, "The government is destroying the status of the Supreme Court and the independence of the justice system."
Beinisch on Wednesday accused Friedmann of sowing "disharmony and strife" with his proposed reforms of the selection process for senior court positions.
"It is clear that the proposals you are disseminating are another in a series of steps that sow strife and disharmony, and are intended to crush the existing structure of the judicial system, and demolish the institution of the president of the Supreme Court," Beinisch wrote in a letter to Friedmann.
She said that while Friedmann's proposals relate to appointments that are by law the jurisdiction of the justice minister, but are normally carried out in the agreement with the head of the Supreme Court.
According to Beinisch, Friedmann's proposals demonstrate his lack of knowledge regarding the court system, as well as the role of court presidents and their deputies.
"I am saddened by [what is happening to] this important system, which is a cornerstone of Israeli democratic government, and is constantly threatened with being weakened," she wrote. "Instead of dealing with its needs and problems, you are promoting a dangerous plan out of irrelevant considerations."
In her letter to Friedmann, Beinisch added, "I still hope you will have the strength to regain your composure and defend the judicial system, and not rush to damage the foundation that has been laid and nurtured since the establishment of the state and the creation of a professional and independent court system."
Beinisch said Friedmann's proposals are designed to fundamentally change laws regarding the election of court presidents, deputy court presidents, and court administrators through secondary legislation. "The legality of the proposed regulations is in doubt, as on the face of it they both contradict the appointment process determined by the law, and violate the constitutional tradition by which the justice system has been operating for years," she wrote.
"The reason that you publicly stated, according to which you are concerned about the presidents' independence, evokes wonder," she continued. "Is it truly proper that [court] presidents be dependent upon a minister - that is to say, the executive branch - not to mention the fact that the judicial system will not operate as an authority that is under the professional responsibility of the Supreme Court president; is that truly independence?"
Friedmann's office issued a response, saying "We view the Supreme Court president's letter as unfortunate, as she chose to respond to the justice minister's professional letter of consultation by issuing a statement to the media."
"Since the day he took office, Minister Friedmann has worked to strengthen and improve the justice system, and increase the public's faith in it."