Judge Asher Grunis's path to president of the Supreme Court appears clear when President Dorit Beinisch retires in February 2012, after the ministerial legislative committee yesterday voted in favor of a private member's bill, sponsored by MK Yaakov Katz (National Union), with one important change. Instead of shortening the "serving horizon" restriction (which prevents the appointment of a judge as president if his or her term expires in less than three years) from three years to two for Supreme Court judges, the restriction will be abolished altogether. Theoretically, this means that a Supreme Court judge with less than two years remaining until his or her retirement can be appointed president of the court.
This was the second time that the ministerial legislative committee, chaired by Minister of Justice Yaakov Neeman, discussed Katz's bill. After the bill was first approved, ministers Dan Meridor and Benny Begin appealed against it. Yesterday, the cabinet authorized the ministerial legislative committee to again discuss the bill and the appeal. Meridor appeared before the committee in the afternoon.
Meridor told the committee that his intent in filing the petition was not intended to affect the identity of the next Supreme Court president. However, Meridor withdrew his appeal, and accepted Neeman's proposal to restore the legal situation to what it was before the horizon restriction was enacted in 2007 by then-Minister of Justice Daniel Friedmann
The restriction has always been controversial because of its effect on seniority, which is not anchored in law. Until then, presidents of the Supreme Court were the most senior judge on it. Friedmann sought to destroy the principle of seniority.
Sources believe that Katz's bill, with the amendment, will be sent to the Knesset plenum for its prereading within a week, and that the Knesset will vote on the final version within a few months, enough time before Beinisch's retirement next February. This will allow the judges appointments committee to convene before her retirement to elect her successor.
Neeman has not officially announced whether he will support Grunis or another candidate, indicating that he is still considering whether or not to act according to the principle of seniority.
The Supreme Court judges' position is clear. They all support the principle of seniority, which means that Grunis is the sole candidate for the court presidency as far as they are concerned. The judges have de facto power to derail any deviation from the principle of seniority, because if the political or the Israel Bar Association's representatives on the appointment committee decide on a different judge as the Supreme Court president, the judges can unanimously decide that none of them will be a candidate as president, except for the most senior judge.
Published by Globes [online], Israel business news - www.globes-online.com - on July 25, 2011
© Copyright of Globes Publisher Itonut (1983) Ltd. 2011