Minister of Justice announces that he will not extend State Attorney's Office • Ohana, who can now only run for office because it is a transitional government, has introduced his candidates • Mendelblit has announced the candidate he thinks is most appropriate • "The exceptional circumstances require that political influence be limited"

• Minister Ohana, Mandelblit Court // Photos: Oren Ben Hakun

Justice Minister MK Amir Ohana presented to the public on Monday the candidates for the post of State Attorney: Shlomo (Momi) Lamberger, Raz Nazri, Orly Ben Ari-Ginsberg, Dan Eldad and Oshera Gas-Eisenstein.

Minister Ohana: "Two weeks from now, Shai Nitzan will end his term as State Attorney. The procedure for appointing a State Attorney routinely determines a detection committee. When I asked the Attorney General Avihai Mandelblit a few months ago, it was not time to set up a detection committee, which usually took several months - He replied that it was not possible during an election period, as well as during a transitional government to establish a Detection Committee for the appointment of a permanent State Attorney, an office appointed by law for a six-year term. "

Mandelblit on charges against Netanyahu: "I made the decision with a heavy but whole heart" // Photo: Ami Shamir

Minister Ohana explained that he accepted the Mendelblit District Court decision, but nonetheless adhered to his intention to appoint a replacement for the current attorney, Shai Nitzan. "Section 23A of the Civil Service Law (Appointments) states that if an officer's office is vacated or refrained from using his authority or fulfilling his position , The Minister may, with his office, in consultation with the Service Commissioner, impose on another civil servant to fill the post for a period not exceeding three months. In recent weeks, I have informed the Counsel that I intend to appoint a Deputy to the State Attorney, as the law provides, and that I have no intention of requesting the extension of the current Attorney General's office. There is also no likelihood of leaving the important and significant body, the prosecutor's office, without a manager to head it. This is a senior position headed by statutory powers. "

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In a statement issued by the Justice Minister, he outlined the names and current roles of his five candidates for state comptroller: Shlomo (Momi) Lamberger, Deputy State Attorney for Criminal Affairs, Raz Nazri, Deputy Attorney General Orly Ben Ari-Ginsberg, Deputy Attorney General Center, Dan Eldad, Director of the Economic Department of the State Attorney's Office and approved by Gaz-Eisenstein, Tel Aviv District Attorney.

Minister Ohana and Mandelblit President // Photo: Yossi Zeliger

The minister explained that the process of examining the matter was not done in a hurry, but vice versa. "Over the past few months, I have looked remotely for candidates who can fill the role of State Attorney, and have come up with five names. Four of them are the Attorney General's Office and one of them is the Deputy Attorney General. "Minister Ohana went on to say that" the list of names is not necessarily closed and if additional names are brought out of the system, as the law requires, I will consider it. "

At the same time, much of Ohana's reservations about the current State Attorney, Shai Nitzan, are not at all put to the least. "To all the candidates I mentioned with one exception, many decades of criminal case management experience, more than the current state attorney will take office. In fact, the only candidate who does not have the said criminal experience is Nazi Raz, but he makes up for it with a wealth of experience in public law and escorts. Attorney General over the years in a variety of cases - including in the criminal field. "

The appointment on which Minister Ohana is currently standing is expected to be on an acting standard and does not constitute a basis or clue for the permanent appointment to the post of State Attorney to be made when the government is established. Minister Ohana explained that, as far as he is concerned, "the candidates are all competent to me and I therefore intend to examine their suitability to fill the State Attorney's office for three months (with the possibility of being extended for another three months)." The Minister of Justice emphasized that, as stated, "Of course, this does not mean anything about the permanent State Attorney to be elected by a Detection Committee when a government is established. In the coming days, I will interview all candidates, consult the Civil Service Commissioner as the law directs, also consult the Attorney General, and make my decision." .

Mendelblit: "Recommends the appointment of Attorney Lamberger"

The Court responded to Minister Ohana's announcement, confirming that his opinion on the Acting Attorney was filed with the Minister. Mandelblit emphasized that because it is a sensitive position, there are unique characteristics to the way of appointment, to ensure the professional independence of the State Attorney and his independence from the governing authorities. Which he serves as a gatekeeper.

According to the Court, the appointment was made through a Special Detection Committee, headed by the Court. The government decision exceptionally states the eligibility conditions for the post of state attorney, and states that in order to be included among the candidates proposed by the committee to the Minister of Justice, the candidate must be qualified to be a judge of the Supreme Court as well as be of personal and intellectual integrity, and of a high professional level and proficiency in the field of criminal law and field. Constitutional and administrative law.

The government's decision also states that the candidate must have the personal qualities of legal leadership and the organizational ability of the system he is entrusted with.

State Attorney Shai Nitzan will bid farewell to Attorney General Avichai Mandelblit in two weeks // Photo: Yossi Zeliger

The renowned sensitivity to the appointment of the State Attorney is currently receiving a degree of validity, as he is also in charge of the Attorney General's work regarding the cases of the Prime Minister, as well as other cases relating to elected officials in the central government.

It should be noted that in the current political situation, it is not known what the duration of the term of office will be, and the possibility that it will be for many months should not be ruled out.

All of the detailed characteristics of the State Attorney's role, and the aspects of which he is entrusted with in the field of law enforcement, are required, especially in the unique circumstances and exceptions that exist at this time, that the political influence on the acting nominee will be as limited and limited as possible. This is to ensure the independence of the acting officer, his independence from the appointing party, and the public's confidence in the purity of the considerations underlying the appointment.

In the absence of such a committee in connection with the appointment of an alternate, there is a legal obligation to establish an alternative, though more limited, mechanism to be used for the same purpose.

At the very least, it is required that the candidate to be appointed to the position be among the top civil servants, so that those who fill the position have the experience and qualifications for that position, and that before the appointment of the authority, the Minister of Justice will hold consultations with the Attorney General, who serves as the General Prosecutor who heads the system law enforcement. Under the circumstances, and in accordance with the Supreme Court's ruling on similar issues, the weight of the Attorney General's position on those who will fill the position of State Attorney will be substantial and significant and can only be deviated from if there is a substantive reason of special importance.

Further to the said opinion, the Attorney General informed the Minister of Justice that his position is that the Deputy State's Attorney should be appointed Deputy State Attorney (Criminal Law), Attorney Shlomo (Moomi) Lamberger.

This, taking into account the great seniority of Attorney Lamberger, his previous and current senior positions, his rich experience and high abilities. It should be clarified that this should not affect the process of appointing a permanent State Attorney, which will take place after the establishment of a permanent government.