Civil Service Commissioner Ohana: "It is imperative to consult with me before appointing a lawyer"

Upon completing the role of Shai Nitzan and in preparation for the appointment of a temporary replacement, Prof. Daniel Hershkowitz approached the Minister of Justice and the Judiciary, claiming that he had not consulted him on the matter - and in violation of the law. "When you reach agreement with you, I hope that such agreement will be reached soon," the commissioner wrote.

Civil Service Commissioner Ohana: "It is imperative to consult with me before appointing a lawyer"

Civil Service Commissioner Prof. Daniel Hershkowitz on Monday contacted Justice Minister Amir Ohana and Attorney General Avihai Mandelblit regarding the appointment of Deputy State Attorney Shai Nitzan.

By law, the commissioner must be consulted prior to the appointment of a deputy, and he says that duty is not fulfilled. "When you reach agreement on a candidate, I will discuss the candidate," the commissioner wrote. "I sincerely hope such an agreement is reached soon."

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"Hope such agreement is reached soon." Hershkowitz (Photo: Nimrod Saunders)

Daniel Hershkowitz, October 2012 (Photo: Nimrod Saunders)

In recent days, the Minister of Justice has met with possible candidates for the post of State Attorney. The candidates included Deputy State's Attorney for Criminal Affairs Shlomo (Momi) Lamberger, Director of the State Department of the State's Attorney Dan Eldad, Tel Aviv (Criminal) District Attorney Asher Gas Eisenstein and Deputy Attorney General (Criminal) Orly Ben Ari Ginsburg. One of Ohana's five candidates, Deputy Attorney General Raz Nazri, announced that he was not interested in the position.

Mandelblit made it clear a few months ago to Ohana that a transitional government cannot appoint a permanent state attorney. Ohana accepted this and decided to appoint a replacement when Nitzan retired. He relies on the Civil Service Law, which states that if a need arises to appoint an alternate to the State Attorney, the person responsible for doing so is "the minister with whom his office is the office." In this case - the Minister of Justice. However, the question is whether authority can be exercised in the same way during a transitional government, and this question has no definitive solution to the law.

Mendelblit, on the other hand, argued that due to the sensitivity of the position, the minister must consult him, as the head of the prosecution system. Earlier this month, the Supreme Court announced that its preferred candidate to replace Shai Nitzan is the deputy state's attorney for criminal affairs, Lumber. Also within the prosecutor's office, Bamberger is considered the leading candidate to fill Nitzan's place, at least until a permanent replacement is appointed.

Shai Nitzan did not give in to the elected officials. Along the way, he lost the public

Condemned by Civil Service Commissioner Ohana and Mandelblit (Photo: Reuven Castro)

Judges, Avichai Mandelblit and Minister of Justice, Amir Ohana during a reception ceremony for the Minister of Justice, Ministry of Justice, Jerusalem, June 23, 2019 (Photo: Reuben Castro)