Attorney General of Israel
|This article does not cite any references or sources. (January 2011)|
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The Attorney General of Israel (Hebrew: היועץ המשפטי לממשלה, HaYoetz HaMishpati LaMemshala, lit. The Legal Advisor to the Government) stands at the head of the legal system of the executive branch and the head of the public legal establishment, in charge of protecting the rule of law and as such entrusted with protecting the public interest from possible harm by government authorities. It is an independent appointed position which is one of the most important and influential in the Israeli democracy, and a central institution in the framework of the Israeli legal system. Owing to the common law tradition of the domestic legal system, much of the position's duties are not codified in law and have been borne out of precedent and tradition over the years.
The Attorney General has many duties, including: the head of the public prosecution from the state, the person who advises the government in legal matters, the person who represents the state's authorities in the courts, and advises in preparation of law memoranda of the government in general and the Justice Minister in particular (likewise he examines and advises for private proposals for a law of Knesset members). In spite of the position's great importance, the status, authorities, duties, terms of employing and method of appointment and dismissal of the adviser had not been defined yet in law. Nonetheless, it is possible to learn about the adviser's status, authorities and duties from the instructions that the different advisers have produced since the state's establishment.
In 1997 a commission in the chairmanship of the former president of the Israeli supreme court, Meir Shamgar, had been established for examination of the possibilities of the future legislation on the subject of the attorney general, and recommended that the official title of his or her position will be changed from "the legal adviser to the government" to "the chief legal adviser" to reflect his responsibility for ensuring the rule of law in all of the arms of government, and not only as an adviser to the government itself in matters of law. Likewise the commission recommended that the adviser will be appointed by the government according to the recommendations of a public commission, that will include five members: a retired judge of the supreme court, a former justice minister or attorney general, a Knesset member who will be chosen by the Constitutional Affairs committee of the Knesset, an attorney who will be chosen by the national council of the Israel Bar Association, and a legal expert in the subjects of civil and criminal law who will be chosen by the heads of the university law schools in Israel — in order to ensure the choosing of an appropriate person who possesses the fitting qualifications for the job. This recommendation regarding the selection committee was adopted in August 2000, but the recommendation regarding the title of the position was not adopted.
It is customary that the decision whom to select for the legal adviser position out of the list of nominees that the public commission recommended is done by the justice minister whose selection is brought to the approval of the government, which usually approves the appointment.
The manner in which the Attorney General carries out the duties assigned to his or her position is derived to a large extent from the personality of the person holding the position. Two of the legal advisers, Aharon Barak and Yitzhak Zamir, who came to the position from academia, were distinguished in the decisiveness that they demonstrated for the guarding of the rule of law in Israel, even when their ideas conflicted with those of the government.
Sometimes political interests, as opposed to the official attitude of respecting the independence of the position, lead the government to fill the position of Attorney General with a person who is considered to be less independent and more amenable to special pleading from the government.
The most famous example was a scandal in the mid-1990s, relating to the appointment of Roni Bar-On as legal adviser to the government. There were suspicions that the appointment was part of a deal intended to provide leniency for Aryeh Deri in his corruption case. Those events were coined in the media as the "Bar-On Hebron affair". In light of this, the appointment of Bar-On as the legal adviser was not well received within the judicial community where many also thought him lacking the personality and legal acumen necessary for the job, all of which quickly led to the effective scotching of his appointment when he resigned only one day after taking the oath of office.
Other examples are the hurried replacement of Yitzhak Zamir with Yosef Harish in 1986, as Zamir was not willing to accede to the pardoning of those involved in the Kav 300 affair, and Michael Ben-Yair who was widely considered to be a political appointee of the second Rabin cabinet.
- Deputy Attorney General for consultation
- Deputy Attorney General for legislation
- Deputy Attorney General for Mishpat Ivri
- Deputy Attorney General for special assignments
- Deputy Attorney General for civil matters
- Deputy Attorney General for criminal matters
- Deputy Attorney General for fiscal-economic matters
List of Attorneys General
|Ya'akov Shimshon Shapira||1948–1950|
- Attorney General on the Israeli Ministry of Justice website (in Hebrew)
- Gad Barzilai and David Nachmias, The Attorney General: Authority and Responsibility. Israel Democratic Institute 1997.