Last update - 02:08 02/08/2007
Beinisch: Friedmann 'sowing strife' in legal system
By Haaretz Correspondents and Haaretz Staff , By Jonathan Lis and Carmel Ben-Tsur
Supreme Court President Dorit Beinisch accused Justice Minister Daniel Friedmann yesterday of sowing "disharmony and strife" with his proposed reform of the selection process for court presidents and deputy presidents.
"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 Supreme Court president," Beinisch wrote in a letter to Friedmann that she also distributed to the media.
Friedmann had written a letter detailing the proposals, which was publicized over the weekend. Under the proposals, court presidents and deputy presidents would be chosen by a search committee whose chairman would be appointed by the justice minister, and whose other members would include two retired judges chosen, respectively, by the district court presidents and the magistrate's court presidents.
Beinisch charged that these proposals demonstrate Friedmann's lack of knowledge of the court system and of the role of court presidents and their deputies.
By law, the justice minister appoints the presidents and deputies, but only with the consent of the Supreme Court president, she wrote. "Therefore, I would have expected you not to float any proposal for changing the appointment system without consulting me first."
Moreover, she charged, "the legality of the proposed regulations is in doubt, as on the face of it, they both contradict the appointment process stipulated by the law and violate the constitutional tradition by which the justice system has operated for years."
"The reasoning that you publicly cited - that you are concerned about the presidents' independence - evokes astonishment," she continued. "Is it truly proper for [court] presidents to be dependent upon a minister - that is to say, the executive branch - solely in order to keep the judicial system from operating as an authority under the professional responsibility of the Supreme Court president? Is that truly independence?"
"I am saddened by [what is happening to] this important system, which is a cornerstone of Israel's democratic government and is constantly threatened with being weakened," Beinisch wrote. "Instead of dealing with its needs and problems, you are promoting a dangerous plan out of irrelevant considerations ... I still hope you will have the strength to regain your senses and defend the judicial system, and not rush to damage the foundation that has been laid and nurtured since the establishment of the state for the construction of a professional and independent court system."
In response, Friedmann's office said: "We view the Supreme Court president's letter as unfortunate, as she chose to respond to the justice minister's consultative letter 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."
Meanwhile, Prime Minister Ehud Olmert said on Tuesday that he is "proud of the Supreme Court, headed by President Dorit Beinisch, and see my job as prime minister as protecting it, its independence and its ability to continue being the bastion of democracy and the keeper of its seal."
Speaking at a graduation ceremony for the National Security College, which took place in Jerusalem, Olmert termed the judicial system "an important element of our national security." This system is a "flak jacket" that gives the government and the army the moral and legal confidence to defend the citizenry, he said.
Shahar Ilan adds:
Beinisch and Friedmann yesterday agreed to explain their differences to the Knesset's Constitution, Law and Justice Committee. The two accepted committee chair Menahem Ben-Sasson's invitation to appear separately before the committee. Ben-Sasson said that the statements Friedmann and Beinisch have made derive from concern for the justice system, and that the committee is the place to sort out these issues.