Israel's judiciary is in crisis. If Israel Bar Association Chairman Effi Naveh did what he is accused of doing – promising promotions of judges in return for sexual favors – our entire court system will have been tainted.
Rumors tend to get overblown by the media for political purposes. But in this case, the gravity of the matter means the rumors cannot be ignored, lest the public lose trust in judges or the people who are entrusted with appointing them.
As a lawyer who knows our legal system from within, I can categorically state that the overwhelming majority of judges in Israel - including those appointed in recent years – are well-qualified, diligent, hardworking and honest individuals.
Yes, I occasionally feel wronged by the courts when they rule against my clients, but I have never second-guessed their integrity or their motives.
It is unfortunate that a few bad apples can spoil the entire legal world and give judges a bad name. Our sages warned that we should never reach a situation in which we have to put our judges on trial.
Our system for appointing judges dates to the 1950s. The Judicial Selection Committee comprises Supreme Court Justices, cabinet ministers, MKs and members of the Israel Bar Association.
Such a confirmation process is unique to Israel, drawing both praise and criticism. Since the members of the committee represent different power centers, they occasionally disagree over who should be appointed. This means that compromise and alliances are key to the process, and often lead to deals in the form of "You make sure my nominee is confirmed, and I will do the same for yours."
There is nothing wrong with striking such deals, so long as there is no foul play or personal greed involved. For years on end, the supreme court judges on the committee were closely aligned with the representatives of the Israel Bar Association, while the MKs on the committee were closely aligned with the cabinet ministers.
Because such coalitions are common practice, one must wonder why people have been aghast over only one such alliance - the one between Justice Minister Ayelet Shaked and Naveh. This alliance has been a battle cry for purists, fake pundits, and left-wing activists who want to grab the headlines.
For many years, Supreme Court justices on the committee could effectively block any appointment that was not to their liking. This ensured that only people who shared the Supreme Court's view of judicial activism would get appointed by the committee.
Then came Shaked, who managed to get the committee to appoint conservative judges who believe in judicial restraint and deference to the legislative branch as the true voice of the people. The Israeli Left has never forgiven Shaked for this, fearing it might lose its last three bastions: the Supreme Court, the media and academia.
Trying to implicate Shaked in this case because of her association with Naveh is just nasty. Those hysteria-peddling fake pundits, along with the judicial purists, have tried to cast aspersions on Shaked's conduct not because they want to protect our judiciary and the rule of law, but because they want to derail her efforts to right the historical wrongs in our legal system. The vitriol and attacks against Shaked will ultimately come back to hurt the courts.
I disagree with Shaked over her political conduct, but I have not the slightest of doubts as to her integrity, trustworthiness and her sense of duty as Justice Minister. I am confident she won't be intimidated by the slander and character assassination and will continue to work hard to reform the judiciary until Israel once again has a system of checks and balances.
