It's still too soon to predict how the legal scandal we learned about will develop, but if the suspicions reported from time to time about bribery, in the form of sexual favors or anything else, in exchange for influencing judicial appointments are true, we are talking about the worst scandal yet, one that taints the entire judicial system and strikes a serious blow to the public's faith in it.
Yes, in a perfect world the halls of justice would be like a sanctuary, where the fate of ordinary people and influential people was decided with absolute equality, and the public could rest assured that trials were fair. Unfortunately, the real picture is far from being so euphoric, for several reasons: too many plea bargains, bureaucracy in the legal system, and more. But still, there are judges in Jerusalem and most of them do their work faithfully. It's important to remember that fact and not besmirch the entire system.
Nevertheless, not all criticism of the judicial system should be waved off immediately by Pavlovian claims that criticism is an "attack on the rule of law," destroying democracy, and other clichés. The case of unparalleled severity we are now seeing – if indeed the suspicions that a lawyer and judges committed crimes are proved true – might not be the direct result of the system by which judges are appointed, but it raises serious questions about the Judicial Selection Committee.
Don't be fooled – judges being appointed by committee is the result of deals, of "you scratch my back and I'll scratch yours" and negotiations. Supreme Court justices, who generally vote as one bloc on the committee, present their candidates. Politicians also put forth their own candidates, and representatives of the Israel Bar Association present theirs. Various "coalitions" are stitched together to promote one candidate and reject another, and there is no guarantee that in the end the most qualified candidates are appointed. This isn't how you choose judges.
There is definitely room to look into why, in most democratic, liberal countries, including the U.S., judges are appointed through other methods, and not by a committee burdened by deal-making. Israel needs to find another way, one in which the executive branch and parliament appoint judges while ensuring appropriate checks and balances, to rank the candidates appropriately, and possibly even hold respectful public confirmation hearings.
The judicial system needs to be fixed. Only recently, we witnessed the disgraceful text message affair in which Judge Ronit Poznanski-Katz was involved. The disciplinary court decided to suspend her, but a few days later the High Court of Justice put her back on the bench. The scandal surrounding Effi Naveh and the judges is another jolt to the public's faith in the legal system – faith that is vital to democracy. Because without judges among the people, where would we turn?
