Selecting candidates for senior positions is a complex task, and even more so with regard to positions in the public sector which influence the lives of countless citizens.
The Judicial Appointment Committee is comprised of 3 representatives from the Judiciary, two representatives from the legislative, two representatives from the executive, and two professional representatives from the Israeli Bar Association. These representatives select the individuals who will serve as judges in the Israeli courts, a position that they usually hold until retirement.
Despite the sensitivity required when performing this task, the candidates are selected in an open ballot. As each name is brought forward, members of the committee raise their hands in favor or against a particular candidate, and naturally “cliques” are formed which lead to mutual interests between members of the Committee. F
or example, it is a well-known fact that Supreme Court Judges on the Committee vote unanimously either in favor or against an agreed upon candidate. Studies have shown that when a secret ballot is held the voter is more likely to vote according to his conscience, as opposed to a voter who votes in an open ballot who is comes under emotional and social pressures that may influence his vote.
As the significance of the Judicial Appointment Committee has become more apparent, attorney Tomer Israel from the Legal Forum has contacted Justice Minister Livni and the Committee’s Director calling for the Committee to hold secret ballots in future.
Attorney Israel states that it is necessary for a member of the committee to select a candidate because he is worthy of the position, not because he feels obligated, or because of his apprehension of the other members, or any other external influences.
Holding a secret ballot will assist in removing any external forces which may influence decisions by the committee members and allow the voters to vote according to their conscious and beliefs. This issue is sure to be met with some resistance from various forces. However the Legal Forum strongly considers this another necessary step to ensure the proper conduct of this Committee, that will strengthen the public’s confidence in the judicial system.
