Citing ‘rampant’ crime, High Court expresses dismay at Levin’s refusal to appoint judges

Justice minister’s lawyer refuses to give timetable for judicial appointments, despite court’s urging; ‘If this is not an acute situation let the minister say so,’ demands judge

The judges of the High Court of Justice told Justice Minister Yariv Levin’s lawyer in court Sunday morning that “crime is rampant” and that there is “an acute lack of judges” on numerous magistrates’ and district courts, during a hearing on Levin’s refusal to fill dozens of vacancies on judicial benches around the country.

The justices responded with astonishment at the apparent apathy of a Levin’s legal representative Zion Amir to the severe shortfall in judicial manpower at a time of rising crime, but were unable to extract a commitment by Amir for a timeline for convening the Judicial Selection Committee to fill some of the vacancies.

There are 51 vacancies on the country’s various magistrates’ and district courts, a number that will rise to 67 by the end of the year.

The Judicial Selection Committee, which Levin chairs, cannot convene once the Knesset is dissolved for elections, which is slated to happen by July 27.

Additionally, the names of candidates for judicial positions must be published in the state gazette 45 days before the Judicial Selection Committee can deliberate on their nomination, meaning that the last date for publication if there is to be a vote in the committee is June 13.

According to Yesh Atid MK Karine Elharrar, a Judicial Selection Committee member, Levin has refused to even publish candidates’ names in the gazette until the entire nine-member committee agrees on a list of nominations, which several members, including Elharrar, are unwilling to do.

Levin lacks a majority in the committee to ensure his candidates can get elected. Elharrar accused Levin after the hearing of stymieing all appointments because he cannot ensure his favored candidates are appointed.

“The Beersheba [district court] is missing seven judges and a [court] president. What about that?” Justice Ofer Grosskopf, who headed the three-judge panel hearing the case, asked Amir.

When Amir responded by asking why this was a problem, Justice Alex Stein reacted with astonishment, saying forcefully, “Why? Because crime is running rampant.”

With Amir continuing to evade requests for an appointments timeframe, Grosskopf said, “Do you know, sir, that the southern district is a crime-ridden district?” with Stein adding, “That every day there is a murder there.”

Amir remained unmoved, saying the situation in Beersheba was “not acute,” despite the district court lacking 25 percent of its full complement of judges. Likewise, the Haifa District Court lacks six of its full panel of 24 judges.

“How does the minister intend to conduct himself? If the minister does not consider this acute, then let him say so,” Grosskopf said.

Amir’s last word, following the repeated and strenuous efforts of the justices to elicit some form of schedule for appointments from the minister, was that he would check with Levin to see what might be possible.

After the hearing, Elharrar called on the High Court not just to order Levin to convene the Judicial Selection Committee, but order him to call a vote.

“The story is that the justice minister does not have a majority on the committee and so he is doing everything he can not to convene the committee,” charged Elharrar.

She recalled Levin’s efforts to delay appointing a Supreme Court president in January 2025 even after being ordered by the court to convene the committee for that purpose in January last year.

In March last year, the government pushed highly controversial legislation devised by Levin through the Knesset that greatly politicized the judicial selection process.

That legislation does not take effect until after the next elections, and Levin has all but ruled out making appointments with the Judicial Selection Committee in its current format, since he lacks a majority to guarantee the appointment of his favored candidates.

Levin has not convened the Judicial Selection Committee since the High Court ordered him to do so in order to appoint a new Supreme Court president in January 2025, which he eventually did, although he boycotted the vote and has refused to recognize the authority of Court President Isaac Amit who was appointed at the time.

Two weeks ago, the three Supreme Court Justices who serve on the Judicial Selection Committee accused Levin of “abusing” his power as chairman to veto different judicial candidates, and of “crassly” ignoring the needs of many courts to fill judicial vacancies.