Israeli Judicial Complaints Commissioner Urges Limiting Off-Record Court Discussions

Asher Kola, the Israeli Public Complaints Commissioner for Judges and a retired judge, issued a new opinion addressing the management of court protocols. He emphasized the need to reduce the practice of holding off-the-record discussions during court hearings. Kola warned that such practices create evidentiary gaps that hinder the ability to determine what transpired in court, thereby undermining transparency and public trust.

The opinion stipulates that if off-record discussions do occur, the court must document the decision made, the parties' consent, and the preceding exchanges in the official protocol. Kola clarified that "off the record" does not mean no documentation at all, but rather a simplified form of recording, while the law still requires capturing the main points of the discussion.

This guidance aims to enhance the clarity and reliability of court records, ensuring that judicial proceedings remain transparent and accountable to the public.