A Change in the Panel of Judges

One of the judges of the High Court of Justice will refrain from discussing the reduction of the Clause of Reasonability

There appears to be a dramatic change in the composition of the judges who will hear the petition against the reduction of the Clause of Reasonability. Judge Ofer Grosskopf will have to prevent himself from participating in the hearing, due to his relationship with the attorney chosen to represent the government

(Photo: Yonatan Sindel, Flash 90)

Attorney Ilan Bombach has been chosen to represent the government in the dramatic hearing at the Supreme Court regarding the petition against the law to limit the Clause of Reasonability. Bombach's selection also brings about a change in the composition of the judges, as it appears that Justice Ofer Grosskopf will likely abstain from participating in the critical discussion, due to the fact that Bombach's son specializes in the chambers of a Supreme Court justice, creating a conflict of interest.

According to the report by public broadcasting corporation journalist Avishai Greenzweig, if indeed Justice Grosskopf is required to abstain, the court will need to disqualify another judge in order to maintain an odd number of judges for a conclusive decision at the end of the hearing. It is most likely that if this scenario occurs, the judge to be disqualified will be Ruth Ronen, as she has accumulated the least seniority among all Supreme Court justices.

The attorney who will represent the government, Ilan Bombach (Photo: Yonatan Sindel, Flash 90)

This development, which significantly alters the composition of the panel of judges, impacts the decision of the President of the Supreme Court, Esther Hayut, who had announced that in the special session scheduled for September 12th, all Supreme Court justices would participate for the first time since the establishment of the state. Now, the decision is expected to change, and only 13 judges will deliberate on the appeal calling to invalidate the Basic Law.

The appointment of attorney Bombach comes after this morning the Attorney General, Gali Baharav-Miara, approved the request of the Minister of Justice, Yariv Levin, to receive separate representation in the mentioned discussion, due to disagreements between her and the government. According to the Attorney General, her decision is based on the fact that this is an unusual event, in view of the fact that the petitions deal with precedential and particularly sensitive constitutional and administrative issues.

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