Former Israeli Supreme Court Chief Justice Dorit Beinisch Proposes New Intermediate Appeals Court to Reduce Caseload
Dorit Beinisch, former President of the Israeli Supreme Court, has called for a structural reform in Israel's judicial system by establishing an intermediate appeals court between the district courts and the Supreme Court. Speaking on the Tel Aviv 360 podcast "Management Principles," Beinisch argued that this new court would handle the majority of civil and criminal appeals, which currently overwhelm the Supreme Court with thousands of cases, many of which focus on factual rather than fundamental legal issues.
Beinisch explained that Israel has significantly fewer judges compared to OECD countries, creating an unsustainable workload. She proposed that only cases involving essential legal questions should reach the Supreme Court, allowing it to concentrate on constitutional and systemic matters. However, she clarified that she does not advocate for the Supreme Court to limit itself to hearing only a few dozen cases annually, as is the practice in the United States, but rather to find a balanced caseload between 80 and 1,000 cases per year.
Highlighting the benefits of broader case exposure, Beinisch noted that reviewing a wide range of cases helps the Supreme Court identify systemic issues and better understand societal dynamics. She also emphasized the need for complementary reforms, including increasing the number of judges and resources, removing non-judicial matters from courts, and expanding mediation and alternative dispute resolution mechanisms.
Beinisch criticized the current discourse surrounding the so-called "judicial reform," stating it overlooks the practical needs of the judicial system and risks undermining judicial independence. She stressed the importance of judges making decisions based on professional judgment without external interference. Reflecting on the existing judicial structure, she noted it has remained largely unchanged since the British Mandate period, suggesting it is time for a comprehensive update to better suit contemporary realities.
