Mendelblit Ohana: There is a legal impediment in approving the appointment of the State Attorney

The Attorney General protested in a letter to the Minister of Justice about the appointment of Attorney Orly Ben Ari-Ginsberg to the post of State Attorney, which Ohana announced earlier. "To my position, this appointment goes far beyond the scope of reasonableness," he wrote

Mendelblit Ohana: There is a legal impediment in approving the appointment of the State Attorney

Appointment Storm State Attorney - Latest Updates

• Ohana Announces Appointment of Attorney Orly Ben Ari-Ginsberg, Deputy District Attorney
• Civil Service Commissioner: "It does not belong to the senior level in the organizational hierarchy"
• The court wrote to the minister: "The appointment goes far beyond the scope of reasonableness, there is legal reason for its approval"
• Mandelblit: Ohana could not accept my recommendation, but he did not present convincing reasons for it

Attorney General Avihai Mandelblit criticized Justice Minister Amir Ohana's decision today to appoint Attorney General Orly Ben-Ari-Ginsberg, saying that there is legal impediment to the move. There is a legal impediment to his approval, ”Mandelblit wrote in his letter.

"My position is that Attorney Shlomo Mommy Lamberger - whom I have recommended to you for this position - exceeds Attorney Ben Ari, whom you have chosen to appoint to the post, in a very large and significant gap in terms of adaptation to the position in question," Mandelblit added. The trial was certainly empowered not to accept my recommendation for the appointment of Attorney Lamberger, provided there were compelling arguments. As part of our discussions, and even in your decision that was made public, no reasons were presented in this regard. "

"Unfortunately, you have decided to choose this position, because of its dramatic significance for law enforcement, a candidate who is not one of the highest echelons in the State Attorney's Office and who does not meet my standards for fulfilling this position," the Supreme Court continued. She is a long-time attorney with many rights in the prosecutor's office. She also serves as an executive in the Central District Attorney's Office. However, it should be remembered that this is not the highest-ranking attorney general's office in the state. "

To read the full letter from the Mandelblit House

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"My position is that Lamberger is emerging in a very significant and significant gap in terms of adaptation to the position." Mandelblit and Ohana (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)

Minister Ohana announced earlier the appointment of Ben-Ari Ginsberg as Deputy State Attorney, instead of Shai Nitzan, who has served his duties. Ben Ari-Ginsberg currently serves as deputy to the Central District Attorney. "I have no doubt that Orly will work to preserve everything worth preserving and contribute to strengthening public confidence. This is so important in this system, "said Ohana. The decision was made in opposition to the USSR's position, which expressed support for Lumberber, the deputy state's attorney for criminal affairs.

The appointment of Ben Ari-Ginsberg was considered surprising given that she served as deputy to the district attorney's office only and faced senior officials. She holds a master's degree in political science (national security), and a bachelor's and master's degrees in law. She has volunteered as head of the automobile at the National Bar for Disciplinary Advocacy and served as head of the State Attorney's Security Forum.

"I was convinced that the full range of attributes, virtues and character of Orly, her rich experience in a variety of fields and especially in the criminal field, her extensive knowledge and management tools - make her the most suitable candidate for the important role of State Attorney," said Ohana. Israel's important institutions as the rule of law. Dear Orly - Lots of success! "

Duel invitation: Ohana's appointment is expected to clash with Mandelblit in the High Court

"The candidate most suitable for the important role." Ben Ari-Ginsberg and Ohana (Photo: Ministry of Justice spokeswomen)

Justice Minister Amir Ohana and the incoming State's Attorney, Attorney Orly Ben-Ari Ginzberg. (Photo: Ministry of Justice spokeswoman, official website)

Following the decision on the appointment, Civil Service Commissioner Daniel Hershkowitz sent a letter to Minister Ohana stating that Ben Ari-Ginsberg is in compliance with the threshold for appointment, but "as a deputy district attorney, she is not a senior official in the organizational hierarchy, which could undermine the proper functioning of The Prosecutor's Office. " The Commissioner wrote in his letter stating that "at this time, the said role of a civil servant of the highest rank in the Attorney General's office should be assigned."

In the Government Quality Movement, the appointment was fiercely protested, accusing Ohana of being "appointed by the Prime Minister accused of criminal activity" and continues to do so by the defendant in criminal affairs and from acting as Deputy Attorney General Ben Ari, contrary to the position of Attorney General, without consulting the Attorney General The state "in the motion demanded that Ohana" remove his hands from the appointment in light of the fact that the whole is afflicted with a serious conflict of interest, and all aimed at cementing the terror suspect the criminal and all intended to harm the law-enforcement system. If it does not, the movement will consider submitting to the High Court in order to stop the ongoing damage to the functioning of the rule of law. "

The attorney general made it clear several months ago 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.

At the beginning of the month, the Supreme Court announced that its preferred candidate for Nitzan's position is the deputy state's attorney for criminal affairs, Lumber. Also within the prosecutor's office, Hamburger is considered the leading candidate to fill Nitzan's seat, at least until a permanent replacement is appointed.