Israel’s Chief Justice Retires Amid Uncertainty Over Successor

Jerusalem, 16 October, 2023 (TPS) -- Israeli Supreme Court President Esther Hayut stepped down from the court on Monday amid uncertainty over who will succeed her.

“As fate would have it, on the day of my retirement from the judiciary, we are in one of the most difficult periods in the country’s history. We are burying our dead and covering our wounds, and praying for the return of all the abducted and missing to their families soon,” Hayut wrote in a farewell letter.

“At this time, it is better to concentrate on doing, with assistance, strengthening, and support. This is the secret of the strength and power of Israeli society, which is revealed in all its glory in the painful and unbearably difficult days that we all experience.”

Hayut is retiring, having reached the age of 70, the maximum age for Israeli judges.

Justice Uzi Fogelman will serve as interim Court President until a permanent appointment is made.

Before the Gaza war, the governing coalition pursued a deeply controversial judicial reform initiative which included changes to the system for appointing and removing judges. In a political standoff, Justice Minister Yariv Levin, architect of the overhaul, has refused to convene the Judicial Selection Committee, leading to a nationwide shortage of judges and a growing backlog of cases.

The nine-member Judicial Selection panel is responsible for appointing judges at all levels of Israel’s civil court system.

However, the judicial overhaul is being suspended during the period of emergency wartime government. No legislative issues not related to the war will be pursued and senior appointments will be automatically extended.

The 15-member Supreme Court is already short one judge, with the retirement of Justice Anat Baron, who turned 70 on Thursday.

The position of Court President is traditionally given to the longest-sitting justice, which would be Justice Isaac Amit. But in a break with precedent, Justice Yosef Elron sent a letter to Hayut asking to be considered. Elron is viewed as a more conservative judge than Amit.

Although Hayut and Baron have retired from the judiciary, they will have several months to finish writing rulings on the final hearings they participated in — including appeals against the various aspects of the judicial overhaul.

The now-suspended judicial overhaul initiative sought change the process for appointing and removing judges, give the Knesset the ability to override certain High Court rulings, change the way legal advisors are appointed to government ministries, and restrict the ability of judges to apply the legal principle of reasonableness.

Supporters of the legal overhaul say they wanted to end years of judicial overreach while opponents describe the proposals as anti-democratic.