Knesset passes coalition judicial reform bill, changing the appointment of ombudsman for judges

A bill to change the method of selecting the state ombudsman for judges was passed into law early Tuesday by the Knesset plenum by a vote of 56-48. 

The law, which is part of the Judicial Reforms package which the coalition government attempted to push through the Knesset last year, is aimed at addressing a complaint by coalition lawmakers – that the state’s judges are in charge of selecting the person to oversee disciplinary measures against judges. 

The law, which was sponsored by Religious Zionism MK Simcha Rothman, is meant to add legislative and executive oversight to that process. 

In defending the bill, Rothman said, “Our situation over the past two years is that it is impossible to complain about the judicial system. To date, no commissioner has been appointed. I tried to mediate, but there was no way to reach an agreement. The judges have always resisted criticism. I call on my colleagues in the opposition not to be partners in the struggle against criticism and to allow the public eye, through the Ombudsman for Judges, to do its job and criticize the judges, because sunlight is the best disinfectant.” 

Justice Minister Yariv Levin also welcomed the bill’s passing, saying it will “put an end to the situation in which Supreme Court justices determine who will be appointed to investigate allegations against them and their colleagues.” 

“This will improve public confidence in the judicial system and ensure that their hands are clean,” Levin said. 

Under the previous system, the ombudsman was appointed by a vote of the Judicial Selection Committee upon the agreement of both the Justice Minister and the President of the Supreme Court, meaning that they must reach an agreement regarding the identity of the candidate. In addition, the Judicial Selection Committee is itself composed primarily of members of the judiciary. 

According to the new law, instead of the Judicial Selection Committee, a special committee will be established to appoint the ombudsman, which will include seven members: the Minister of Justice, the Minister of Labor, two retired judges: one to be chosen by the Supreme Court justices and the other by the six presidents of the district courts, a retired judge who will be chosen by the Chief Rabbis, a representative of the National Public Defender's Office, and a member of Knesset who will be chosen in a manner determined by the Speaker of the Knesset.

Any member of this committee will be able to nominate two candidates for the role. 

The law, as passed, is significantly changed from the original legislation, calling for the ombudsman to be appointed by the president following a secret ballot in the Knesset. That system would have cut representatives of the judicial system out of the nomination and selection of the ombudsman. 

The election will be held by a regular majority of 4 out of 7 committee members, who serve for four and a half years. 

Opposition groups decried the passing of the law as giving the government more control over the judiciary, leading it to be less independent. 

National Unity party chairman Benny Gantz said the law is part of “a campaign to delegitimize the judicial system.” 

“There is a large gap between a reform of the judicial system and a campaign of revenge that denies its legitimacy,” Gantz said, promising to repeal the legislation after the coalition is removed. 

Opposition Leader Yair Lapid, of the Yesh Atid party, also criticized the coalition for tackling this issue, instead of addressing other pressing issues. 

“Instead of staying up all night to find a solution to recruit thousands of Haredim or advance phase two of the hostage deal, the Knesset was up last night to approve a political scheme for the Ombudsman of Judges,” Lapid wrote to 𝕏. “When we clean up the government, we will also cancel this scheme.”