High Court hints at 45-day deadline to pick state attorney
Amit Aisman has served as acting state attorney since January 13, but Prime Minister Benjamin Netanyahu and his right-wing bloc have prevented him from being granted a full term.
By YONAH JEREMY BOBHigh Court of Justice prepares for hearing on whether Prime Minister Benjamin Netanyahu can form the next government, May 3, 2020(photo credit: COURTESY HIGH COURT OF JUSTICE)
The High Court of Justice hinted strongly on Thursday that it will give the government a 45-day deadline to appoint a permanent state attorney.Amit Aisman has served as acting state attorney since January 13. But Prime Minister Benjamin Netanyahu and his right-wing bloc have not appointed him permanently to the position, hoping they can find someone else more loyal to them to fill the position.The Movement for the Quality of Government in Israel petitioned the High Court to compel the government to make a permanent appointment.If the High Court adopts the ultimatum that Supreme Court President Esther Hayut proposed at Thursday’s hearing, it would be a middle ground of sorts.On the one hand, it would give the current government and any new government time to pick someone besides Aisman, should they choose to do so. Aisman’s temporary appointment is valid until July 11.On the other hand, it would essentially place a loaded pistol on the table, signaling that the justices will not tolerate much more delay of a permanent appointee for the position, which was last filled permanently by Shai Nitzan until December 2019.In fact, even Aisman’s temporary appointment was delayed extensively since Attorney-General Avichai Mandelblit felt he needed to hold onto the state attorney’s role until May 2020, when Amir Ohana was removed as justice minister.During Ohana’s term, he placed, or tried to place, candidates in the role whom he believed would remain loyal to him and who had some prior history of conflict with Mandelblit.Aisman was the first nominee who was selected by the formal committee for making senior Justice Ministry appointments and with the consent of Mandelblit and Justice Minister Benny Gantz.Netanyahu has hoped to have a pick more loyal to him who might help with his legal situation, such as offering him a favorable plea deal if he is convicted in the public corruption trial.The committee that chose Aisman praised him for his work as the Haifa district attorney, his many acting deputy state attorney roles and for his great experience. It also emphasized his leadership skills to make necessary changes within the prosecution apparatus to boost public confidence.But the committee referenced a 2018 disciplinary hearing Aisman was involved in that related to sexist comments he had made in 2008 and 2014. Those utterances led to an inquiry about whether he had committed acts of sexual harassment.The committee concluded that Aisman had owned up to those statements, which it said had taken place in the distant past, and that he said he had learned his lesson.Disagreements between Likud and Blue and White also held up the selection of a permanent police inspector-general for an unprecedented period. But a different High Court ruling eventually prompted the government to appoint Kobi Shabtai.Political disagreements also held up Gantz’s appointment as permanent justice minister and other ministers from Blue and White’s portfolios – another issue where the court intervened to achieve a resolution.On another matter, the court was expected to rule either late Thursday or no later than next week when the deadline for Yesh Atid’s Yair Lapid to form a government, currently set for June 2, should expire.
