Israeli Government Seeks Private Legal Representation 42 Times Since 2022, Courts Mostly Side With State Attorney

Since the current Israeli government took office in December 2022, Prime Minister, ministers, and the government have submitted 42 requests to receive separate legal representation in court, bypassing the State Attorney Gali Baharav-Miara. Of these, 33 requests were approved and nine denied. Notably, 14 of these requests were filed since July 2025, constituting one-third of all requests during the government's term.

An analysis by attorneys Dafni Benbenisti and Anat Tahon-Ashkenazi from the Israel Democracy Institute found that in 29 completed cases where there was a significant dispute between the government and the State Attorney, and separate representation was granted, the Supreme Court overwhelmingly upheld the State Attorney's position. Only three rulings sided with the government against the State Attorney. The frequency of requests for separate representation has surged compared to previous administrations, with only four such requests made between 2016 and 2022.

Data from the Ministry of Justice shows that private legal representation costs for the government and ministers totaled approximately 1.05 million shekels over the past four years, with a budget of 700,000 shekels allocated for 2026. Currently, the State Attorney is the authorized legal representative of the state in courts, but if she refuses to defend the government's position, the government can request separate representation.

The government aims to reduce the State Attorney's authority, following a failed attempt last year to dismiss Baharav-Miara. The Knesset is expected to pass legislation that will significantly curtail the State Attorney's powers, including making her legal opinions non-binding and easing appointment and dismissal procedures. Although initially proposing to split the State Attorney role into three separate positions, this issue was postponed due to the upcoming elections.

Benbenisti and Tahon-Ashkenazi argue that the data does not justify expanding separate representation, as courts mostly adopt the State Attorney's views. They contend the government's frequent requests reflect attempts to act contrary to the law and weaken judicial oversight, threatening democratic checks and balances. They warn that this trend is part of a broader effort to undermine judicial independence and the rule of law in Israel.