Israeli Rabbi and Judge Reprimanded for Ethics Violations

Ret. Judge Asher Kula, the Commissioner of Complaints against Judges, has determined that Rabbi and Dayyan Avi Zerbib violated ethical conduct rules for judges. The ruling came after Zerbib appeared in a video urging donations for a fund supporting "Hilltop Youth," a controversial group. Kula found the complaint justified but opted for a warning in Zerbib's personal file, citing the rabbi's remorse and extensive reserve duty in Gaza and Lebanon.

The complaint stemmed from a WhatsApp video where Zerbib praised the Hilltop Youth and called for contributions to their support fund. The complainants argued this breached judicial ethics, which prohibit judges from publicly commenting on non-legal, controversial public issues and from participating in fundraising. They also contended his actions could undermine public trust in the judiciary and create concerns about bias.

Zerbib initially claimed the video was informal, intended for a small, private group, and was distributed further without his knowledge or consent. He also argued the complainants lacked standing and that the incident occurred outside his judicial capacity. However, Kula rejected these claims, stating that a judge's conduct outside the courtroom can be subject to review when it concerns judicial ethics and public trust.

Kula further dismissed the notion that the video was for a closed group, emphasizing that in today's technological environment, sharing a video in a messaging group is akin to public dissemination. He stressed that judicial officials must consider the potential for content to reach a wide audience.

The ruling specified that Zerbib violated three ethical rules: expressing a public stance on a controversial issue, failing to maintain judicial neutrality and avoid the appearance of bias, and engaging in fundraising. During the investigation, Zerbib admitted to a lapse in judgment, took full responsibility, and offered a sincere apology. He also pledged to avoid future public and media activities.

Considering Zerbib's acceptance of responsibility, his remorse, his commitment to future restraint, and his lengthy reserve service for national security, Kula concluded that while the complaint was valid and ethical rules were broken, a formal disciplinary proceeding was unnecessary. A warning recorded in his file was deemed sufficient.