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Judges should also stand for "trial" and accountability Israel today

2020-02-09T22:28:46.464Z


Those who hold thousands of cases must give explanations, and if they are not convincing - they should give up their service • Political interpretation


Those who hold thousands of files must give explanations, and if they are not convincing - they should give up their service • The system's lack of transparency • Interpretation

  • Supreme Court // Photo: Oren Ben Hakun

Attorneys appearing in court and civil servants who are in need of legal services are not surprised by the published findings about the burden expressed in the number of pending cases in the various courts. Needless to say, the real test is not in the number of cases but in the time period between filing a lawsuit or another process until its completion By judicial decision.

My personal record as a lawyer was years ago, when we waited six years for a judicial decision in an interim proceeding, in a patent infringement lawsuit, and this is no unusual exception. It is only surprising that the data were only presented to the public today following an appeal by B'Tselem under the Freedom of Information Law. Lack of transparency is a recipe for embarrassment, apathy and a genuine reluctance to deal with failures.

There are two definite reasons for the burden of cases that flood the judicial system and threaten to drown it: the first - epigenetic, and the second - the lack of real oversight of judicial conduct. This coming Saturday we will read about the renewed encounter between Yitro and Moshe. Jethro quickly realizes that the Jews love litigation.

Moses as judge begins the morning of the hearing: "And the people will stand on Moses from morning until evening." Jethro is shocked by the play and offers Moshe immediately to establish a judicial system and add a lot of judges, as the current situation will have a harsh result: "You will also inherit this people who are with you."

Since then, for thousands of years, the Jewish people have been on trial. In Israel, too, citizens demand their days in the courts, rarely compromise or mediate. Standing up for the rights and unwillingness to give up are familiar features in Israeli society. There is no other country in the world such as Israel where a huge number of cases are opened each year in relation to the size of the population, and in addition, the number of lawyers in Israel deserves a Guinness record relative to a number of residents.

In this context, the solution should be integrated: educational - usually from preschool to resolve peaceful disputes; And my system - to add standards to the judicial system and to bring disputes to compromises, mediations and tribunals. In Israel, there is no real and significant oversight of judges' work habits, their judicial temper and diligence, and their level of judgments. It is very difficult, though impossible, to transfer a judge from his position only because he has procrastination and inefficiency in conducting the hearings and giving judgments.

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"The Israeli judicial system is respectful"

Judges, who, according to the publications, are pending hundreds and thousands of cases, must give good explanations of the phenomenon, and if the explanations are not really convincing, the system must give up their service. These judges are putting a bad name on the entire system, so judges should also stand for "trial" and give account to the judiciary and all citizens.

At the same time, outstanding judges should be promoted and rewarded at the level of judgments and their proven effectiveness. Judges who hold thousands of cases must give explanations, and if they are not convincing - their service must be waived.

Source: israelhayom

All news articles on 2020-02-09

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