Israeli Judicial Commissioner Rebukes Judge for Forcibly Removing Journalist from Courtroom
The Public Complaints Commissioner for Judges in Israel, retired Judge Asher Cola, issued a rare and stern reprimand to a judge who forcibly removed a journalist from an open courtroom during a criminal hearing at the Tel Aviv-Jaffa Magistrate's Court. The case involved dozens of football fans on trial for rioting. The judge moved the hearing to a closed-door session in her private chambers, explicitly to prevent media coverage, and expelled the journalist despite his lawful presence.
Judge Cola ruled that the removal constituted a severe violation of the principle of public hearings and Israeli law. He rejected the judge's justification that concerns over media publication warranted closing the session or excluding the press. The commissioner emphasized that fear of unfavorable publicity is not a legal basis for restricting public access and that the press serves as the public's extended arm to ensure transparency.
This decision sets a significant legal precedent clarifying that judges do not have personal discretion to decide when the public can observe court proceedings. The ruling underscores that the right to know is fundamental in a democratic society and that the judiciary must operate with full transparency unless explicitly authorized by law to close proceedings.
The commissioner highlighted that attempts to conceal information without legal grounds damage public trust in the judicial system. This ruling is expected to influence future judicial conduct, reinforcing that courts are public institutions accountable to citizens and the media. The reprimanded judge is expected to reconsider her approach, and the judiciary as a whole must internalize the message that courtroom transparency is mandatory.
Previously, the commissioner has addressed related issues, including restrictions on court decisions on the Sabbath and other problematic judicial behaviors. This latest ruling strengthens the principles of openness and accountability within Israel's legal system.
