Judicial Complaints Commissioner Criticizes Supreme Court Justices Over Minister's Rights

The Commissioner for Public Complaints Against Judges has issued a sharp critique of Supreme Court President Justice Yitzhak Amit and Justices Alex Stein and Gila Kenfy-Steinmetz, finding they infringed upon the right of Communications Minister Shlomo Karhi to be heard. The ruling stems from a complaint regarding a discussion within the Second Authority for Television and Radio council, as reported by Amit Segal.

The commissioner determined that the judicial panel's conduct not only violated Karhi's right to present his position but also breached the principle of natural justice. However, he clarified that Karhi's stance was ultimately heard in full, albeit with a delay, meaning no actual harm was sustained.

In his conclusion, the commissioner stated, "Regarding the substance of the complaint's claim, my determination is that there was a violation of the minister's right to be heard, and consequently, also of the principle of natural justice." He added, "However, ultimately no harm was caused to the minister, as his position was heard, even if late."

The commissioner also suggested a procedural improvement, noting it would have been preferable for the panel to have included Karhi in the proceedings before making a decision. He recommended, "It would have been better had the panel ordered an amendment to the petition and added the minister as a respondent before issuing its decision that is the subject of the complaint."

While the minister's complaint was deemed justified, no reprimand was issued to the justices because Karhi's position was eventually heard and no tangible damage occurred. The commissioner concluded the review of the complaint, stating, "Thus, the review of the complaint has been exhausted."