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'No matter what happens, the judge must resign'

by  Yair Altman
Published on  01-18-2019 00:00
Last modified: 01-18-2019 00:00
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The female judge suspected of trading sex with former Israel Bar Association Chairman Effi Naveh in exchange for an appointment to the magistrates' court bench cannot continue to serve as a judge, a senior Justice Ministry official told Israel Hayom on Thursday.

"We aren't talking about a scandal that is in any way similar to the one involving Judge Ronit Poznanski-Katz. Here, the damage to the public's faith [in the judiciary] is much deeper and more extensive, as are the suspected crimes and their severity," the official said.

The official added that even if it turned out that there was no exchange of sexual favors for influence on the judge's appointment, there was strong suspicion of a conflict of interest, since "police suspect that Effi Naveh had almost complete control over [the Israel Bar Association's] representatives on the Judicial Selection Committee, even before he became one himself."

However, another senior figure in the legal system said Thursday that it was still too early to declare the judge's career over.

"We still don't actually know if sexual favors were traded or not, other than various reports about correspondence the police has. This is a case that will be about bribery or nothing, but it will be very difficult to prove a conflict of interest since Effi Naveh was not a member of the Judicial Selection Committee at the time the judge was appointed," he said.

According to Tzurial Roshi, an expert in professional ethics at Ariel University, "there are more rumors, leaks, and spin [in the case] than actual facts."

"Without anyone knowing the facts, nothing can be decided. It could very well be that there are people here who don't meet the criteria for criminality, but certainly are not ideal representatives for the positions they hold. It's clear to us that the ideal judge is one who has no conflicts of interest," Roshi said.

Roshi said that it was necessary to ascertain whether or not "the motive for the appointment caused any harm – primarily direct harm. It is possible she [the judge] is not worthy because if it hadn't been for her acquaintance with Effi Naveh, she might not have been selected. But the greater collateral damage is [to] the public's faith in the legal system, and that is one of the most important foundations of the judicial system.

"If the public thinks that our judges weren't appointed in an honest manner, we can close up shop," Roshi warned.

On Thursday, the Movement for Quality Government watchdog group dispatched an urgent letter to Prime Minister Benjamin Netanyahu and Attorney-General Avichai Mendelblit demanding they convene an investigative panel to examine all appointments made by the Judicial Selection Committee while Naveh was a member.

"[The case] is so harmful that it demands an in-depth, widespread examination of the entire process of appointing judges these past few years. Israeli society cannot allow itself to lose faith in the legal system," the letter stated.

"The Judicial Selection Committee is the holiest of holies of the legal system, so it must conduct itself beyond reproach and hold itself to the highest ethical standards. Any deviation from those high standards is a serious blow to the judiciary itself, first and foremost. As long as there are suspicions about the propriety of the decisions, the public's faith in the legal system and the government as a whole is shaken, and the cost to the public could be heavy," the Movement for Quality Government wrote.

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