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Judge refuses to recuse self from Gush Katif suits By Tomer Zarchin A Jerusalem Magistrate's Court judge declined to recuse herself last week from hearing suits over a piece of legislation that she herself was closely involved in drafting during her previous job. Three years ago, when Judge Anna Schneider was employed as the Knesset's legal adviser, she was involved in drafting the law that governs compensation for settlers evacuated from the Gaza Strip and northern West Bank during the disengagement. She participated in more than 30 Knesset committee meetings on the bill, and went on a committee tour of the Gaza settlements. Advertisement After the evacuation, dozens of former Gaza settlers filed suit against the government over the amount of compensation they were awarded, claiming they were entitled to more. This past September, however, Jerusalem Magistrate's Court President Amnon Cohen decided that Schneider would preside over all these suits. Lawyers representing the plaintiffs asked Cohen to transfer the cases to someone else, arguing that her involvement in drafting the law would make it difficult for her to hear the cases impartially. This is especially true, they said, because during the Knesset deliberations, relations between the settlers' representatives and Schneider were tense and at times even hostile. Cohen, however, refused, saying that Schneider should decide for herself whether the request for her recusal was warranted. And last Friday she decided that it was not. In her decision, she claimed that the settlers' request was based on a misunderstanding of the Knesset legal adviser's job. The legal adviser does not determine the content of the law, she wrote; he merely advises the Knesset and its committees on legislative processes. Moreover, she argued, accepting the request would have the "intolerable" result of barring any judge particularly well-versed in a given issue due to his prior employment from hearing cases on that issue. As a result, such cases would have to be given to judges less well-versed in the issue, who would therefore have to devote valuable time to boning up on it. On the same day that Schneider issued her decision, Supreme Court President Dorit Beinisch disqualified a Tel Aviv Magistrate's Court judge, Dan Mor, from sentencing a man convicted of irregularities during the Labor Party's 2005 primary. Mor had also refused to recuse himself, but in response to an appeal against this refusal, Beinisch ruled that he had made his opinion so clear before the sentencing hearing that there was no chance he could listen to the arguments with an open mind. Bookmark to del.icio.us   Iranian Jews protest Members of Tehran's small Jewish community demonstrate against IDF operation in Gaza. Missile's view Watch Israel's attack on Gaza from the perspective of the missile.

Read & React Rockets fired from Gaza kill 2 Israelis within hour Responses: 224 ANALYSIS / Hamas is hoping for an IDF ground operation Responses: 135 Grossman / Is Israel imprisoned in the ceremony of war? Responses: 117 Prolonged Gaza operation spells trouble for Israel Responses: 46 Chicago synagogue firebombed; police probe possible link to Gaza violence Responses: 36 More Headlines 00:36 Gaza rockets strike Be'er Sheva area for first time 23:43 Olmert: Gaza offensive to go on until Israel's aims achieved 00:23 IAF unleashes massive strike on Hamas tunnel network near Rafah 23:57 Barak asks cabinet to approve emergency call-up of 2,520 reservists 21:17 ANALYSIS / Hamas is hoping for an IDF ground operation in Gaza 00:11 Ex-U.S. Army engineer Kadish pleads guilty to spying for Israel 22:21 WATCH: Israel's attack on Gaza from the missiles' viewpoint 16:50 IN PICTURES / Firestorm over Gaza 00:45 VIDEO / Mubarak: We'll open Gaza crossing only if PA takes control 22:23 Quartet calls for immediate truce between Israel and Gaza 22:22 IDF war games predict look of Gaza ground operation 21:05 Iran clerics recruit Islamist fighters to aid Hamas' battle against Israel 22:29 Israeli boy, 3, lightly wounded by Palestinian stone-throwers 17:04 Elder child of Chabad Mumbai attack victims dies of long-term illness 02:09 Throngs at Ashdod funeral mark 'war against Israeli normalcy' 02:17 Mayor of rocket-battered Netivot calls for talks with Hamas Previous Editions Select Day 30 dec 29 dec 28 dec 26 dec 25 dec 24 dec 23 dec 22 dec 21 dec 19 dec 18 dec 17 dec

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