Subscribe to Print Edition | Fri., October 23, 2009 Cheshvan 5, 5770 | | Israel Time: 01:53 (EST+7)
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Three retired justices warn against splitting AG's authority
By Tomer Zarchin

Three former Supreme Court justices wrote a letter to Justice Minister Yaakov Neeman and Prime Minister Benjamin Netanyahu protesting the former's intention to split the attorney general post into two jobs.

The former justices - former Supreme Court presidents Meir Shamgar and Aharon Barak, and former justice Yitzhak Zamir - all served as attorney general before being appointed to the bench.
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Neeman's bid to split the post is "a very dangerous gamble," they stated in their letter.

The three jurists propose that a public committee examine whether to split the attorney general's role. If Neeman's proposal is quickly brought before the cabinet for approval, it will appear to be an opportunistic political maneuver that endangers the rule of law, they said..

Neeman is expected to explain his plan for splitting the attorney general's post to the prime minister, and expects his backing for the dramatic reform.

By law, the attorney general both gives legal advice to the government and serves as the highest ranking prosecutor.

In recent months, Neeman has consulted several figures in the legal establishment in an effort to formulate a plan to split the attorney general's duties.

Attorney General Menachem Mazuz has said splitting the job would be "a disaster," and has stated that this would weaken the attorney general's standing and cause grave damage to the legal system.

State Prosecutor Moshe Lador also voiced similar objections.

In their letter, the jurists stated, "We, the undersigned, each of whom has served as attorney general, read and heard that you are considering making the state prosecutor's office, or the criminal division of the prosecutor's office, into an independent office, and that the person in charge of this office will be someone other than the attorney general.

"Based on an intimate familiarity with the Israeli legal system, we are very disturbed by this possibility," the jurists wrote.

The three men write that the current formulation of the attorney general's post has been in place since the founding of the state.

"In our opinion, the institution of the attorney general is functioning well; it has made an important contribution to the rule of law, proper governance and anti-corruption efforts; and it has become one of the state's most respected institutions," the former justices wrote.

The three added that the attorney general's role should possibly even be enhanced. Nonetheless, "splitting the job as is being currently proposed, without a comprehensive examination of the issue, and when the results of the reform are a mystery, is a very dangerous gamble."
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