Former Supreme Court Justice Eliyahu Matza's public comments comparing Prime Minister Benjamin Netanyahu's recent statements on the justice system to those of a crime boss are grave and irresponsible and deal a severe blow to the Supreme Court and the judicial system in general. Does that mean all government ministers, and maybe all right-wing voters, are members of a criminal organization? I wonder.
Extra caution is required at a time when many in the public have a clear sense that the old judicial elite, together with law enforcement officials, have jumped into the political arena, in particular State Attorney Shai Nitzan. Nitzan's inappropriate behavior has seen him share his thoughts on the investigation into the prime minister on every stage, among his audience members, justices who may need to deliberate this very issue in the future.
In all my years as a jurist, I cannot recall such talk from retired justices. The only thing that comes close is when the late Supreme Court Justice Michael Cheshin issued a crude warning to Justice Minister Daniel Friedman not to harm the Supreme Court. "This is my home," he said. "If anyone raises their hand against my home, I will cut off their hand." Apparently, the severed hand was not a metaphor.
One can argue whether it is appropriate for Attorney General Avichai Mendelblit to announce his decision as to whether to file an indictment during an election campaign with the knowledge the hearings will not come to a close by election day. On more than one occasion, attorneys general have changed their minds as a result of arguments made by representatives of those under investigation. That being the case, why rush to announce a decision at this very minute? Clearly, there have been major changes to the recommendations of the police and prosecutors as the process moves along.
Netanyahu uploaded a video to social media in which he claims announcing an indictment would do irreparable damage. But comparing the prime minister to a crime boss is an expression of lowliness, deep hatred and the aiding of familiar political elements during an election campaign.
I have personally heard former Supreme Court President Aharon Barak say on numerous occasions, "Once a judge, always a judge," meaning judges, including those that are retired, are obligated to keep their opinions on controversial issues private. By commenting on public affairs, judges raise suspicions their principled rulings were biased and aimed at advancing their worldview, and as such blatantly anti-democratic.
Matza is repeatedly invited to speak to the media, and he has never let them down. The public is convinced that Matza's remarks about the prime minister are an expression of his personal worldview. This bolsters the familiar argument that had a ballot box been installed in the Supreme Court throughout the years, the results would show that members of the court supported parties favored by a minority of Israel's citizens.
Supreme Court justices both past and present would be wise to allow their judgments to speak for them instead of becoming tools of self-interested political parties. Judges must act with restraint and not as spokespeople.
For the sake of preserving his honor, the honor of the Supreme Court and public trust in the law enforcement system, my suggestion would be that Matza retract his comments and apologize.
