Public faith is critical for the judiciary to be able to do its job. But while a recent bill seeking to ensure judges are free of any conflict of interests seems ostensibly harmless, tasking a parliamentary commission of inquiry with investigating those on the bench in search of such conflicts is not.
The Knesset was wise to reject the bill presented by Yamina MK Betzalel Smotrich demanding the formation of such a committee as so far, there has never been any proof that any judge presided over a case in which he or she had a conflict of interests.
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The suggestion that an inquiry of this nature was even warranted also raised concerns that not only did it seek to embarrass the coalition using petty politics, but that its real intent was to undermine the judiciary rather than introduce reforms.
Even if the latter was not the case, it was clear to lawmakers that such a committee would be turned into a political battering ram between the coalition and the opposition. Moreover, the way claims of judicial conflict of interests have been discussed by the public – ignoring real conflicts of interest by elected public officials on the municipal and national level – also points to the fact that the real motive behind this bill was to undermine the courts, not bolster them.
Another concern speaks to a potential political "takeover" of the judiciary through steps such as increasing the number of judges using special appointments, impeaching judges who politicians perceive as "problematic," pushing some into early retirement, and threatening others with demotions or disciplinary action.
Forming a parliamentary commission of inquiry, as outlined in Smotrich's bill, could be perceived as a political takeover of the courts and that is not a democratic move.
There is nothing wrong with criticizing the courts or cautioning against potential conflict of interests among judges. We must, however, be aware of any proposal seeking to undercut the judiciary, usurp its integrity, or have judges operate with a sword hanging over their heads to make them hesitate before ruling on legislation passed by the Knesset. The judiciary's integrity must be preserved.
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