Supreme Court Justice Yosef Elron retired on Thursday at the age of 70, after 30 years of public service and having left a massive mark on the field of criminal law.
His retirement leaves 11 justices on the Supreme Court panel – where there should be 15 – leaving it at a 70% capacity.
For about three years now, since Justice Minister Yariv Levin began heading the ministry after the coalition was formed in 2022, no new judges have been appointed.
In 2023, former Supreme Court president Esther Hayut retired, as did Justice Anat Baron, while temporary president Uzi Fogelman retired last year.
Levin has insisted on appointing conservatives Rafi Biton and Aviad Bakshi, who advised him on formulating the controversial judicial reform legislation. The current justices, as well as representatives from the Israel Bar Association, have all fiercely opposed the move, arguing that Biton and Bakshi don’t meet the necessary professional standards required for the roles. Levin has failed to secure the majority needed – seven out of the nine committee members.
This all means that there will be significant delays in legal procedures and in the handing down of decisions and rulings.
Elron, in his parting speech on Thursday, said, “Unobstructed and unconditional observance of the law must be followed; it must be a norm that applies to citizens and institutions as equals.”
He added, “Sadly, we are living in a time of divisiveness and extremism in Israeli society. I hope that the Supreme Court contributes as much to mend these tears with rulings that bring people together.”
Supreme Court Chief Justice Isaac Amit said that “It is no secret that Justice Elron and I didn’t always see eye to eye in our rulings. There is nothing wrong with that; in fact, the opposite is true: Legal dialogue that is based on professional criticism and respect is the basis of a proper judiciary that contributes to enhancing the dialogue and the service given to the public.”
Elron added that he was “concerned with the reports of the societal schism and crack in public trust of the judiciary. Without public trust, the judges can’t do their jobs properly.” He called for renewed faith in the court system, based on the understanding that the system set out to protect society.
From a Haifa transit camp to the Supreme Court
Elron was born in a transit camp in Haifa, which the Israeli government had set up for new immigrants when they arrived in waves from various countries throughout the 1950s. Born in 1951 to Iraqi parents, he began his legal career in 1994 in the Haifa Magistrate’s Court.
He was promoted to a judge in the Haifa District Court in 2003, and was appointed the court’s deputy president, dealing mostly with the criminal department. From 2013 to 2017, he served as president of the court.
Simultaneously, in military reserves and from 1995 onwards, he served in military courts. In 2017, Elron was appointed a justice in the Supreme Court.
At the event on Thursday, he handed down his last ruling, concerning a petition filed by the Association for Civil Rights in Israel (ACRI) against the Welfare and Social Services Ministry.
A committee under the ministry is tasked with overseeing initial attempts of interference by welfare workers in unsuccessful cases of children-at-risk. The committee’s goal is to put together a unique plan for the child and the family – but it has far-reaching authority, such that it can remove the child from its family home and place it in the foster-care circuit.
In practice, the way the committee was structured prevented any involvement – or legal representation – by the parents. The High Court of Justice in this case was faced with the question of whether denying their involvement was legally sound.
Elron responded fiercely in the negative. The families, he wrote, are all in extremely unfortunate situations, and then are forced to grapple with the question of whether their children will be ripped away from them, all without any say in the matter.
He wrote that the committee’s denial of their involvement was “legally baseless,” especially to parents who are often in difficult social and economic situations.
“This petition reveals the reality of these parents at a most sensitive and vulnerable point. In many cases, the committee makes the final call on how the lives of these families will look... The consequences of this authority and these decisions are nothing short of dramatic – actions that touch on the most intimate and personal aspects of a family... It is only appropriate that such decisions be made after the parents can assuredly present their positions,” reads the ruling.
The ruling is emblematic of exactly the type of jurisprudence Elron promoted, that which protects the weakest elements of society and fulfills the stated duties of the High Court of Justice: Aiding in justice, particularly in the protection of individual rights.
The legal aid department within the Justice Ministry said the ruling serves as a major step in righting a wrongful process for thousands of parents who truly need it, and makes sure they have the access they deserve.
The department provides legal aid for low-income applicants eligible pursuant to the statutory provisions. It includes legal advice and representation before legal forums by appointed lawyers.
ACRI, which filed the petition, called it an “essential and foundational shift in the realities of some of the poorest and most ostracized families in Israeli society.”