Dear brothers Uri and Dror,
You missed the Wednesday Oct 9 hearing in the Haifa Family Court. Following is my report, please excuse the digressions...
We had a short court hearing, and true to type, a litigation that started with a simulated opening complaint record, ended with a simulated judgment record.
Figures 1 | The Haifa Family Court - in 2013, Judge Esperanza Alon and Attorney Amos Sadika (counsel for my late father and for my brother Dror at that time) attempted to trap me in a simulated court hearing production, apparently in order to impose on me some unlawful penalty. I didn't show up and the scheme failed. The April 4, 2013 hearing resulted in a unique electronic court record - the "Not Signed Yet Protocol", showing a digital watermark "Not Signed Yet".
Following the chain of events in late March - early April 2013, I filed a notice with Judge Esperanza Alon, which opened: "In a nation where the rule of law prevails, your conduct would be deemed organized crime in the court...". I later filed a criminal fraud complaint in the Israel Police and with the Israeli Attorney General. It was not immediately dismissed, since I got a notice that it was forwarded to the office of the State Attorney.
One couldn't expect any real investigation and accountability. No judge has been convicted of corruption related offenses in the entire history of the State of Israel, although there were some good cases to prosecute (e.g., Judge Varda Alshech). Effectively the Israeli judges created for themselves impunity, which itself is considered a sign of advanced public corruption.
Figures 2 | A few days prior to the October 9, 2024 court hearing, I was informed by a reliable source that Judge Esperanza Alon (Left) and Judge Hila Gurevitz Ovadia (Center) were best friends... While Dror's counsel, Attorney Rachel Ben Ari (Right) was a member of the Israeli Judicial Selection Committee at the time that Hila Gurevitz Ovadia's appointment was under consideration. 
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Note: when I use "simulated court record", "simulated litigation", etc, I refer to the Texas Penal Code § 32.48 “Simulating Legal Process," which appears in the Penal Code's chapter on Frauds. It is a criminal offense which is unique to the justice system, and its perpetrators are often several Officers of the Court acting in collusion - a judge, a clerk, an attorney or two...
At times it is several judges, several clerks and several attorneys, perpetrating simulated legal processes as a routine over many years. Under such circumstances, one should consider the possibility of organized crime in the justice system.
The worst cases of simulated litigation in the Israeli courts, which I have documented, were:
1) 2016 case of Joelle Ben Simone, by then going on for several years, perpetrated by a group of judges in the Jerusalem Family Court. Ben Simone, was held for years in the Jerusalem Family Court, abused by the judges. E.g., a restraining order prohibiting her from meeting her elderly mother. When she conducted a one woman sit down protest in front of the office of the Minister of Justice, the bureau of the Minister of Justice took care to have her forcibly hospitalized for psychiatric exam. When I performed with her inspection of her court files, the office of the clerk immediately stated that ALL the decisions in 22 files were merely invalid "Drafts". It is the same shtick that Judge Esperanza Alon perpetrated in Haifa in 2013, and that the Ombudsman of the Judiciary denounced in 2012 in the Judge Varda Alshech Scandal.
Figures 4 | (Top) A 2016 simulated Decision record by Jerusalem Family Court Judge Menachem HaCohen. It shows the digital watermark "Draft", which indicates that it is an invalid court record. Nevertheless, it was printed and served on Joelle Ben Simone as a valid and effectual court record. It is the same shtick as the Haifa Family Court Judge Esperanza Alon April 4, 2013 "Not Signed Yet" Protocol. 
3) The missing conviction record of former Israel Bar Association Chair Effi Naveh.
Judge Einat Ron refused to fix it. Eventually, in an appeal to the Center District Court, the Administration of Court was ordered to fix the file. Judge Einat Ron passed away in the meanwhile, and the fix was a simulated record itself...
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I happened to know a couple of the leading figures in the affair: (Left) Erwin Chemerinsky was law dean at USC, he took a sabbatical and wrote his own independent report of the scandal, concluding that the judges should be held accountable: “This is conduct associated with the most repressive dictators and police states… and judges must share responsibility when innocent people are convicted.” Naturally none of the corrupt judges was held accountable, and Chemerinsky was chased out of town... Today he is law dean at Berkeley. From Chemerinsky I learnt the concept of simulated litigation. He believed that it was the most common, simple form of judicial corruption. (Center) Judge Jacqueline Connor was the best known "Rampart Judge" - a group of judges that colluded with the LAPD in running the fake criminal trials. I successfully disqualified her for a cause. It was considered at the time an act of bravery... Grown men were totally scared of her. (Right) Rafael Pérez was an LAPD Narcotics Officer and a close friend of Judge Connor. She gave him a recommendation letter for promotion, based on his professional appearances in her courtroom. Eventually it turned out that they were all false appearances. His arrest and his confession started the Rampart Scandal, and the friendship with Jacqueline Connor, who was afraid that he would spill the beans went sour. In one of the most bizarre cases of simulated litigation (in reverse) Judge Connor took care to vindicate the corrupt LAPD officers, except for Rafael Pérez, who broke the Code of Silence... Hardly any of the victims were released. The judges refused to cooperate with any attempt to review the court files. The judges claimed that if the victims were to be released, "the Los Angeles justice system would collapse."
But who is the victim of the fraud in the alleged simulated Zernik family court case in Haifa?
One may argue that the primary victim of the fraud in this case is our late mother. Indeed, all court papers are titled: In RE: The estate of the late Rivka Shami Zernik z"l. Israeli Judge Sh. Shohat's judgment is often quoted: The true litigant in such cases (wills, estates) is the deceased, the present but absent litigant, whose will and whose interests are the only ones that the court is commanded to uphold. Indeed this litigation marks the end of almost 15 years that the two of you, together with our late father were busy undermining our mother's will and her expressed interest - equal division of the community property among her three sons.
However, the offense of Fraud requires proof of reliance by the victim upon a false representation by the perpetrator. And I would argue, based on my understanding of our mother, in particular her last, hand-written letter to me, that she had little trust in our late father in this matter.
Then again, one may argue that the primary victim of the fraud in this case is me. Indeed the intent of almost 15 years that the two of you, together with our late father were busy conniving to deprive me of my fair share in our parents' 1999 joint and mutual will. However, I surely never relied on any representation by our late father...
That is why the US federal courts refer to the same offense as "Fraud Upon the Court." The Court, as a legal person, is the victim of the fraud, perpetrated by its officers, on whom the Court relies upon to honestly conduct its business.
But let's start in the beginning of last Wednesday's October 9, 2024 hearing in Haifa
The two of you were missing. I was wondering if your absence had been coordinated with the court through ex parte communications, since I found no record filed in that regard...
Your counsels, Attorney Yoav "straight as a ruler" Salomon (for Uri) and Rachel Ben Ari (for Dror) entered the courtroom first, together, and took their seats next to each other on the judge's right hand side. It is the place reserved for Plaintiff or Petitioner, whereas Uri is designated Plaintiff, Dror is purportedly the Defendant, and his counsel was supposed to sit on the same side as I sat... Then again, Dror's counsel explained awhile ago that the party designations were arbitrary. Uri and Dror's counsels conceived the litigation as a joint initiative, and finally decided that Uri would be designated "Plaintiff", while Dror would be designated "Defendant 2." That of course is a sign of a simulated, fake litigation.
The nonsensical party designations and deliberately mixing up of the party designations help in generating the desired ambiguous appearance of validity and/or invalidity of the records. For example, recently Judge Hila Gurevitz Ovadia has designated me in court decisions as "Plaintiff", while the two of you, Uri and Dror, are now "Defendants." I'd say it is out of touch with reality to suggest that Judge Hila Gurevitz Ovadia fails to pay attention to such details... It is much more likely that the mix up was and is intentional.
Of note - neither of your attorneys has filed a request to correct such errors.
Party names and designations were all mixed up in the Judge Esperanza Alon April 4, 2013 "Not Signed Yet" Protocol as well. When I filed a request to correct the false data, Judge Esperanza Alon denied the request, ruling that my problem was lack of understanding of "the mysteries of civil court procedure."
Figures 8 | The October 9, 2024 Judge Gurevitz Ovadia Judgment appears in a Protocol record that just like the opening complaint record is marked by beauty in brevity. The same beauty in brevity may undermine its validity.
Page 1:
Protocol
Decision
As part of a "Pilot" conducted by the Administration of Courts, and pursuant to Article 68A of the Courts Act, 1984, the Court orders that the hearing be documented using recording. The recording will be available to the parties and transcripts may be obtained free of charge.
Page 2:
Judgment
Agreements by the parties, detailed in the Protocol, combined with clarifications, were given the status of a Judgment. The Office of the Clerk shall close instant court file.
Decision
Agreements by the parties were given the status of Decision.
The Estate Managers shall draft within 14 days a formal warrant [for their appointment - JZ] for my signature, so that it can be presented to third parties, together with the deposit, required by law. The warrant shall be phrased through agreement between the the Estate Managers and Attorney Eleanor Leibovitch [my counsel, since terminated - JZ]. In case no agreement is reached, the Estate Managers shall file their version, together with Attorney Leibovitch's response.
As for other agreements, given that the attorneys have 2 hats, one of counsel and one of Estate Managers, within the same deadline [14 days - JZ] the Estate Managers shall file consent of the parties to the agreements in the court hearing today.
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Judge Hila Gurevitz Ovadia showed originality and creativity in perverting the hearing. She declared the hearing part of a "Pilot" in which the hearing would be recorded. She failed to explain that there would be no real standard Protocol for such hearing, and she failed to obtain informed consent, or any consent, by the parties to such "Pilot" being conducted in their case.
In opening the hearing, Attorney Yoav "Straight as a Ruler" Salomon objected to my attorney appearing without a valid Certificate of Counsel. This was bizarre, since Attorney Yoav "Straight as a Ruler" Salomon appeared without the adequate Certificate of Counsel himself. Judge Hila Gurevitch Ovadia appeared to permit him such deliberate violations of Civil Court Procedure, in order to enhance justice in family matters...
After reviewing transcript of the recording, it remains unclear to what degree there is a specific document here that would qualify as a judgment.
The other problems that I can see with this Judgment are related to its lack of specificity and finality. A judgment is expected to conclude the legal discourse with a definitive decision. In this case, the judgment is more of an outline for future negotiations and agreements and any determination made in it, was rendered tentative, subject to further agreements.
And finally - the entire legal foundation for this litigation was the purported need and desire to implement the Estate Distribution Agreement, signed by the parties on August 28, 2023, and approved by the Court on December 13, 2023. The Estate Distribution Agreement is never mentioned in the "Judgment", and not by chance or by error. Attorneys Ben Ari and Salomon objected to any reference to the Agreement, and the requirement that they conduct their business pursuant to the Agreement.
It appears that after filing a court action, claiming that it was intended to expedite the implementation of the Estate Distribution Agreement, now they seek to do whatever they please.
Otherwise, for the first time in about half a year, Attorneys Ben Ari and "straight as a ruler" Salomon were willing to disclose what progress they have achieved over the year since the Agreement was signed. Attorney Ben Ari explained that basically nothing was accomplished "Everything was stuck"...
Another issue that became clear was that they are no longer considering themselves bound by the Estate Distribution Agreement relative to their fees. Attorney Ben Ari explained that there were going to do "a lot of things" (for the Estate) and their fees cannot be determined yet...
The June 5, 2024 Petition record commencing action by Uri Zernik v Joseph Zernik and Dror Zernik
The core of the document states that the execution of the August 28, 2023 Estate Distribution Agreement was delayed due to "disputes or misunderstandings" - with no further detail.
It further states that such delays caused damages, but fails to provide any detail of such damages.
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