Israeli Judiciary Tightens Rules to End Undocumented Court Proceedings
The Israeli judicial system is advancing transparency by introducing comprehensive new guidelines to regulate court record-keeping, particularly addressing the widespread practice of conducting hearings "off the record." These recommendations were published by retired judge Asher Cola, the Public Complaints Commissioner for Judges, who emphasized that maintaining court protocols is a fundamental duty to protect parties' rights, uphold justice's appearance, ensure transparency, and maintain public trust.
The guidelines clarify that the responsibility for accurate protocol management lies with the court itself, not clerks or litigants. Corrections to court records must follow formal procedures, and workload pressures do not justify incomplete documentation. The new rules require that all questions posed by the court and any unusual courtroom conduct, such as criticism of a lawyer involved in the case, be recorded.
Regarding "off the record" hearings, the opinion stresses minimizing this practice to avoid evidentiary gaps. If such a hearing occurs, the decision, parties' consent, and preceding discussions must be documented in the official record. "Off the record" does not mean outside the courtroom or without any documentation but rather a simplified recording method, with the law still mandating a summary of the discussion.
The guidelines also address mediation and settlement attempts, requiring courts to document the effort and explanations provided, though rejected settlement offers' content should not be detailed. In cases where court recordings are paused for off-the-record discussions, the main points must be recorded once the recording resumes. The commissioner highlights the importance of thorough documentation in hearings held without one party present, citing the absence of protocol in a rabbinical court case as a serious failure.
For small claims courts, where proceedings are less formal and parties often unrepresented, the guidelines stress the need for comprehensive documentation. The commissioner notes that unrepresented parties' consent to waive protocol may not be fully informed, and judges must accurately record referrals to legal volunteers or decisions made through settlement.
These measures aim to ensure that court proceedings are reliably documented, preventing evidentiary voids and reinforcing public confidence in the judicial process.
