13-05-24 Judicial corruption in Israel - lack of accountability

 

 Deputy Presiding Judge, Tel Aviv District Court Vardah AlSheikh - falsified protocols of her own court with the intent of harming an attorney who appeared before her. Remains in office. Specializes in large financial default cases. Former Judge Hilah Cohen, Haifa District Court - falsified protocols of her own court - writing protocols of proceedings that never took place in reality. Got enhanced retirement benefits for life.

Looking at it from comparative international perspective, Israel stands out, more extreme than the United States in lack of accountability for judicial corruption.

1) China - fighting judicial corruption is a proclaimed cause of the Chinese government (like fighting government corruption in general). Even high officials are harshly punished, if their corruption is exposed and becomes an embarrassment to the party. (long prison terms, executions are not an exception).

2) Russia - there are special jails for judges who are convicted on corruption, since housing them in regular prisons would place them at too high a risk.

3) US - in some well advertised cases judges were prosecuted on racketeering.  However, in recent years, regardless of mounting evidence of racketeering by judges and bankers across the United States, neither the bankers nor the judges are prosecuted.  Complaints which were filed against state and US judges, which document incontrovertible evidence of corruption, are not addressed at all, even when US Congress tries to pressure FBI, US DOJ to take action..

4) Israel - the official line is that Israel has a uniquely honest judicial system.  To the best of my knowledge, no judge has been convicted and imprisoned for corruption in the history of the State! (I am posting this on my blog, hoping to be corrected).  In recent cases, of what should have been prosecuted for corruption:

a) Deputy Presiding Judge of the Tel Aviv District Court Vardah AlSheikh - was caught falsifying protocols of her own court in a large public debt default case ("haircut").  The purpose of the falsification was to harm an attorney, who represented small debt holders in the case, and tried to serve his clients' position too strongly for her taste.  She used the falsified protocol to file a complaint for action against the attorneys license.  Given that it was a case of what is sometimes referred to as "cannibalism", the Israeli Bar Association repeatedly pressed demands for her removal from the bench to no effect at all.  She is still Deputy Presiding Judge of the Tel Aviv District Court, and still handles some of the largest default cases in Israel.

b) Haifa District Judge Hilah Cohen - was caught falsifying protocols of her own court, writing detailed minutes of proceedings that never took place at all.  The standard procedures for removal from office had no effect at all. Finally, for the first time in Israeli history, the Committee for Appointment of Judges (with strong input for the Bar Association, I am told), took the unusual procedure of revoking her appointment  Then there was a mediation procedure (by a retired Supreme Court justice) for the terminated Judge Cohen. As the outcome of such mediation she received enhanced retirement benefits for the rest of her life after serving on the bench for only 3-4 years..  In what is typical of Israel, it was never clearly detailed in the press, which cases former Judge Cohen falsify the proceedings in, and what was the effect of such falsification.  But some comments were published, which tried to minimize the ill-intent of such falsification.