Knesset Approves Law Granting Coalition Control Over Judicial Ombudsman Appointment

This morning the Knesset passed a law that alters the appointment process for the Ombudsman of the Israeli Judiciary, effectively granting the current coalition greater influence over this critical position. The legislation was approved with 56 votes in favor and 48 against.

The Ombudsman of the Israeli Judiciary is responsible for investigating complaints against judges and religious court judges concerning their conduct during official duties. This role includes the authority to recommend disciplinary actions and, in severe cases, the dismissal of judges.  By ensuring accountability within the judiciary, the Ombudsman plays a vital role in maintaining public trust in the legal system.​

Historically, the Ombudsman was appointed by the Judges Selection Committee, with candidates proposed jointly by the Minister of Justice and the President of the Supreme Court. This collaborative approach aimed to balance political and judicial interests, ensuring the appointee’s impartiality and independence. ​

The newly enacted law establishes a seven-member committee to appoint the Ombudsman, structured as follows:​

• Two government ministers​
• One Knesset member​
• The National Public Defender​
• A retired judge selected by Supreme Court justices​
• A retired court judge chosen by district court presidents​
• A retired rabbinical court judge appointed by the Chief Rabbis​

This configuration is likely to provide the current coalition with a majority, thereby increasing its influence over the appointment process. ​

Prior to recent conflicts, Israel was engaged in a heated debate over proposed judicial reforms. These reforms aimed to limit the judiciary’s power by altering the selection process for judges and reducing the Supreme Court’s ability to review legislation. Proponents argued that these changes would enhance democratic governance by reining in judicial overreach.Opponents contended that they would undermine judicial independence and erode democratic checks and balances. 

The issue of the Ombudsman’s appointment process was part of this broader discourse. Critics of the new law argue that granting the coalition greater control over the Ombudsman’s appointment could intimidate judges and compromise their independence. They express concern that this shift may lead to a judiciary less capable of acting as a check on governmental power. ​

The passage of this law signifies a pivotal moment in the ongoing debate over the balance of power between Israel’s legislative and judicial branches. By altering the appointment process of the Judicial Ombudsman, the government has taken a step that could impact the perceived independence of the judiciary.