"A petitioner may place a mine at the door of the court, but the judges need not step on it, and they should be avoided," one of the Supreme Court justices said many years ago. In the never-ending saga of a state attorney nominee, everyone involved fulfilled their "role" - and on the best side. There is no mistake they have not made, no landmine they have not stepped on.

Attorney General Mandelblit announced - a little too quickly and prematurely - for the candidate he deserved - Attorney Shlomo (Momi) Lamberger, a humble and humble man, an esteemed person and esteemed lawyer with both attorney and managerial experience. The counselor's hurry and presentation of a single candidate stood to him.

Minister Ohana kept the cards close to her chest until he pulled out the "no" that no one thought of: Orly Ben Ari. But he, too, forgot (and intentionally) the day after. And the day after, there's a prosecutor's office to run, and she's the prosecutor's office of us all. Not the right, not the left, all of us.

Ben Ari and Minister Ohana // Photo: Oren Ben Hakun

Because a State Attorney, whatever his identity, works closely with the Attorney General, there is a great deal of weight to the Judiciary's position on the appointment, and especially to his ability to work effectively and with full trust with the incumbent. The election of a "State Attorney" will certainly not help.

As expected, and as usual in our places, this decision was also brought before the High Court. The mastermind, Manny Mazuz, issued an interim order freezing the new appointment until a new announcement. Any final decision that the High Court will make at this time, injure it, and assist For the attempt (of which some of the hawks involved, right and left) are longing to drag the Supreme Court once more into the political swamp, even at an additional cost of undermining public confidence in it.

The decision on this matter depends first and foremost on the facts. Examining the skills of the candidate chosen by the Minister, in his professional, legal and managerial experience, and his relevance to the proposed position. If a finding is found to be flawed in the process itself, such as failing proper consultation as requested by the USSR and the Civil Service Commissioner, it may be in order to disqualify the appointment. But assuming the process was proper and the minister acted "by the book," the hearing will focus on three main factors: The administrative opinion, the principle of equality and the likelihood of the outcome.

As for the discretion, those seeking to invalidate the decision will have to prove that the minister did not consider all the appropriate considerations or that foreign considerations were considered in making his decision, and that threw the scales in favor of the candidate he chose. The same applies to the reasonableness of the appointment. Here, too, the area of ​​intervention is very narrow. The court did not "put itself in the shoes of the deciding minister." Even if another minister (or the judge, who had to decide instead of the minister) would choose a different candidate from the one chosen by the minister, the court will not intervene unless the result rises to "extreme unreasonableness at the root of the matter."

The problem is that "likelihood" is a rather vague, elusive notion that his blanket can be pulled in all directions. Everything is appealing.

Thus, stick and material, which has been proven in the past, have not been appointed to senior positions in the State Prosecutor's office only with the most experience, or with the best reputation. In the shower of civil service appointments in general and the prosecutor's office in particular, there were always also interested parties to appoint "associates". Only Fathi will believe that it is only the skills, and not the connections, that exclusively determined the fate of the appointment.

The public good requires that the decision on the identity of the State Attorney be accepted, even if each of those involved will have to give up a little ego, a lot of respect and satisfaction created evil.