Appendix 99 | I
Index of Appendices and Biosketch, Joseph Zernik, PhD, LLB
https://inproperinla.blogspot.com/2026/07/appeal-for-review-of-rachel-ben-aris.html
Rachel Ben-Ari's competence as General Counsel - Appeal Filed with Prof. Uri Sivan, Technion President, and Prof. Daniel Chamovitz, Chair of VERA and Ben Gurion University President
https://inproperinla.blogspot.com/2026/07/2026-07-17-technion-israel-institute-of.html
Appendix 38 | How did Judge Hila Gurevitz become part of the affair? Vague and/or invalid records of case assignment to judges
https://inproperinla.blogspot.com/2026/07/appendix-99.html
Index of Appendices and Biosketch, Joseph Zernik, PhD, LLB
https://inproperinla.blogspot.com/2026/07/appeal-for-review-of-rachel-ben-aris.html
Rachel Ben-Ari's competence as General Counsel - Appeal Filed with Prof. Uri Sivan, Technion President, and Prof. Daniel Chamovitz, Chair of VERA and Ben Gurion University President
https://inproperinla.blogspot.com/2026/07/2026-07-17-technion-israel-institute-of.html
Appendix 37 | Council of Europe's approach to court CMS development and deployment
https://inproperinla.blogspot.com/2026/07/appendix-99-1.html
Index of Appendices and Biosketch, Joseph Zernik, PhD, LLB
https://inproperinla.blogspot.com/2026/07/appeal-for-review-of-rachel-ben-aris.html
Rachel Ben-Ari's competence as General Counsel - Appeal Filed with Prof. Uri Sivan, Technion President, and Prof. Daniel Chamovitz, Chair of VERA and Ben Gurion University President
https://inproperinla.blogspot.com/2026/07/2026-07-17-technion-israel-institute-of.html
The approach taken by the Council of Europe towards court CMS development and deployment is uniquely edifying, since key decisions were made almost at the same time. And yet, the process and the outcome were different.
Appendix 36 | State Comptroller Report 60b (2010) – Net HaMishpat’s development and deployment in the courts
https://inproperinla.blogspot.com/2026/07/appendix-99-i.html
Index of Appendices and Biosketch, Joseph Zernik, PhD, LLB
https://inproperinla.blogspot.com/2026/07/appeal-for-review-of-rachel-ben-aris.html
Rachel Ben-Ari's competence as General Counsel - Appeal Filed with Prof. Uri Sivan, Technion President, and Prof. Daniel Chamovitz, Chair of VERA and Ben Gurion University President
https://inproperinla.blogspot.com/2026/07/2026-07-17-technion-israel-institute-of.html
Image | Net HaMishpat logo - "computerized, secured connection to the courts".
Copied below with English translation are:
The original 2010 report indicates that the project was managed by the Administration of the Courts in general disregard for applicable laws, regulations, and binding rules governing government procurement in general, and specifically the design, development, and deployment of government IT systems.
The 2012 follow-up report indicates that the Administration of Courts continued its disregard for applicable laws, regulations, and binding rules, even after the 2010 report. The 2025 FOIA requests and responses indicate that the Bureau of the Minister of Justice didn't exercise any supervisory authority over the Administration of the Courts, at least as far as Net HaMishpat's compliance with the law is concerned. The Administration of the Court went one step forward and offered information that was not requested: "No examination is needed."
In short: the Administration of the Courts developed the system in a manner that denied any possible public oversight of the project. Apparently a succession of Justice Ministers, under whose ministerial responsibility the system was developed and deployed, breached their fiduciary duty and/or engaged in dereliction of duty, leaving the development of the system in the hands of the judiciary.
While the State Comptroller, a retired judge himself, notes the failure to define the system's specifications in development contacts, and while he notes various technical failures related to delays, lack of stability, etc, and while he notes "no public representation", he fails to mention in any way the required validation of such system - to ensure hat it complies with the law of the land. He does not even come close to acknowledging the constitutional significance of such system.
In contrast with the Israeli approach to court CMS development, a review of the Council of Europe's approach is uniquely informative: the Council's process began with an understanding and a formal decision recognizing its constitutional implications. All the rest followed from that initial determination (see, Appendix 37, https://inproperinla.blogspot.com/2026/07/appendix-99-1.html).
The Israeli approach to Net HaMishpat's development and deployment is particularly perplexing, since it was managed by the who led the 'Constitutional Revolution'.
Highlights from the Comptroller's 2010 Report
Translation
Defects in Project Preparation and Contractor Engagement:
The CA did not comply with the mandatory framework for developing information systems in government ministries—the MAPTACH framework$^1$; ...
The development agreement was signed retroactively by the CA without the system having been properly characterized; thus, the contractor and the client lacked a common baseline for development, preventing proper monitoring due to the absence of performance metrics and defined scopes of work$^2$. ...
The CA accepted the system in violation of the MAPTACH framework without performing independent acceptance testing, relying instead on delivery tests conducted by the contractor. As a result, the installed system was prone to issues causing operational failures, which indeed occurred. ...
The project was managed by a team of external consultants without a core management staff of civil servants representing the public interest.
...
The audit revealed that the management of the project suffers from deficiencies, some of them severe, including:
The system was developed without adhering to the MAPTACH framework;
Development commenced without prior system characterization; ...
The project was managed by consultants without a core management team of civil servants;
The CA accepted the system without conducting its own acceptance tests, relying solely on delivery tests performed by the vendor; ...
Additionally, the Accountant General and the Civil Service Commission must finalize the joint committee work regarding the standardization of core IT roles in the civil service and staff these positions within IT units with state employees who will unequivocally represent the public interest.
Additionally, the Accountant General and the Civil Service Commission must finalize the joint committee work regarding the standardization of core IT roles in the civil service and staff these positions within IT units with state employees who will unequivocally represent the public interest.
מתוך דו"ח המבקר לשנת 2010
עיקרי הממצאים
1. פגמים בהיערכות לפרויקט ובהתקשרות עם הספקים: הב"ה לא פעלה בפיתוח המערכת לפי הנוהל המחייב לפיתוח מערכות מידע במשרדי ממשלה - נוהל מפת"ח1; ...
ההסכם לפיתוח המערכת נחתם על ידי הב"ה בדיעבד מבלי שאופיינה המערכת, ולפיכך לא היה לספק וללקוח בסיס משותף לפיתוח, ולכן לא היה אפשר לעשות בקרה ראויה בהיעדר מדדים ותכולות עבודה2.
...
1 נוהל מפת"ח - נוהל מסגרת לניהול המחשוב בארגון הן ברמת הפרויקט והן ברמת הארגון כולו.
2 מסמך תכולות עבודה - מסמך חוזי המגדיר אחריות, שיטת מעקב ופיקוח, לוח זמנים, אבני דרך, נוהל שינויים והתחייבויות, תכולת הציוד והשירותים ונושאים נוספים שהספק אחראי להם במסגרת הפרויקט.
3. היעדר בחינות קבלה מצד הב"ה: הב"ה קיבלה את המערכת בניגוד לנוהל מפת"ח מבלי שביצעה בחינות קבלה מטעמה והסתפקה בבחינות המסירה שביצע הספק. כתוצאה מכך נוצרה אפשרות שהמערכת שהותקנה תכלול בעיות שיגרמו לתקלות, כפי שאכן קרה.
...
4. פגמים בניהול הפרויקט: את הפרויקט ניהל צוות יועצים של הב"ה בלי ליבה ניהולית של עובדי מדינה המייצגים את האינטרס הציבורי.
סיכום והמלצות
...
הביקורת העלתה שניהול הפרויקט לוקה בליקויים מהם חמורים, ובכללם: פיתוח המערכת נעשה שלא על פי נוהל מפת"ח; הפיתוח החל מבלי שהיה אפיון למערכת; ...
הפרויקט נוהל על ידי יועצים מבלי שהייתה ליבה ניהולית של עובדי מדינה; הב"ה קיבלה את המערכת מבלי שביצעה בחינות קבלה מטעמה והסתפקה בבחינות המסירה שביצע הספק;
...
כמו כן על החשב הכללי ונציבות שירות המדינה לסיים את עבודת הצוות לבחינת תקנון תפקידי הליבה בתחום המחשוב בשירות המדינה ולאייש תפקידים אלה ביחידות המחשב על ידי עובדי מדינה שייצגו באופן מובהק את האינטרס הציבורי.
סיכום
כמו כן, על החשב הכללי ונציבות שירות המדינה לסיים את עבודת הצוות לבחינת תקנון תפקידי הליבה בתחום המחשוב בשירות המדינה ולאייש תפקידים אלה ביחידות המחשב על ידי עובדי מדינה שייצגו באופן מובהק את האינטרס הציבורי.
1.Translation
Publication Framework: Annual Report 60b for the Year 2009 and the Accounts for Financial Year 2008
Publication Date: 11.05.2010
Publication Type: Annual Reports
Audited Entity: Ministry of Justice
An audit was conducted in the Courts Administration, the Accountant General's Department at the Ministry of Finance, and in several courts regarding the development of a computerized system based on the concept of an electronic file—the "paperless court." The audit primarily examined the system's initiation and characterization (specification), the procurement contract for its development, payments to companies involved in the project, execution of acceptance tests for the system, its implementation, operation, and maintenance.
The computerization of the courts is considered the flagship project of the Courts Administration (hereinafter – CA), both due to the fundamental transformation of organizational workflow involved and its economic and technological scale. Completing the development and implementation of the system will lead to structural changes in court working patterns and streamline its processes. Israel’s court system includes, among others: the Supreme Court, District Courts, Magistrate Courts, Traffic Courts, Family Courts, Juvenile Courts, and Labor Courts (hereinafter – the courts). The courts are spread across the country, organized into six districts, and handle approximately one million cases per year. The court system is managed by the CA, which is responsible for supervising its proper operation.
The computerization process of the court system began in the early 1990s, but the systems that were computerized were not interconnected. Although the CA decided as early as the late 1990s to develop a new information system based on the electronic file concept—"paperless court"—it only began developing the new system in 2003 (hereinafter – the System, the Project, or Net HaMishpat). The project was developed by Company A, the main contractor, along with its partners, Companies B and C. The project was scheduled for completion in February 2006, but by the end of the audit period in September 2009—more than three and a half years past the planned completion date—it had not yet reached completion, and its implementation in the courts was still ongoing. As of September 2009, the project was deployed in approximately 60% of the courts, with an investment of about NIS 358 million (in current prices), including operational and maintenance costs.
Between February and September 2009, the State Comptroller’s Office audited the court computerization project. The audit primarily examined: system initiation and characterization; the procurement contract for system development; payments to contractors; execution of system acceptance tests; operation and maintenance; implementation difficulties; project management procedures; and information security. The audit was conducted at the CA and the Accountant General’s Department at the Ministry of Finance (hereinafter – the AG Department); supplementary checks were carried out in the courts.
Defects in Project Preparation and Contractor Engagement:
The CA did not comply with the mandatory framework for developing information systems in government ministries—the MAPTACH framework—during the development of the system. The procurement contract for project management was executed under a tender exemption on the grounds of consolidating existing systems; however, the ultimate deliverable was a entirely new development project. Therefore, once it became clear that this was a new system, a public tender for its development should have been published, as required by the Mandatory Tenders Law, 5752-1992, and the Mandatory Tenders Regulations, 5753-1993. The development agreement was signed retroactively by the CA without the system having been properly characterized; thus, the contractor and the client lacked a common baseline for development, preventing proper monitoring due to the absence of performance metrics and defined scopes of work. The CA lacks a comprehensive and updated cost estimate for project completion, implementation, operation, and maintenance.
Lack of Incentives for Contractors to Meet Project Timelines:
According to the agreement, the project was intended to span 38 months and conclude in February 2006; however, by the conclusion of the audit in September 2009, it was still incomplete (a delay of over three and a half years). The contractor was paid 90% of its monthly scheduled remuneration without any condition requiring the achievement of project milestones. Consequently, the contractor had no incentive to fulfill its commitments regarding timelines and scopes of work, and indeed failed to meet them.
Absence of Acceptance Testing by the CA:
The CA accepted the system in violation of the MAPTACH framework without performing independent acceptance testing, relying instead on delivery tests conducted by the contractor. As a result, the installed system was prone to issues causing operational failures, which indeed occurred. The failures included characterization defects, system bugs, execution faults, and slow response times. The high incidence of failures adversely affected system performance and led to user dissatisfaction. Although the CA knew from the outset that system implementation was a critical phase of adoption, it assumed responsibility for implementation itself, thereby sharing responsibility with the contractor for the ultimate success of system adoption.
Flaws in Project Management:
The project was managed by a team of external consultants without a core management staff of civil servants representing the public interest. Furthermore, recommendations made by committees appointed by the CA and the AG Department to review project progress were not implemented. For example, despite a committee recommendation as early as 2006 to publish a tender for system operation and maintenance, the CA had failed to publish such a tender by September 2009.
The court computerization project is the flagship project of the CA, both due to the technological shift embodied in the developed system and the organizational transformation required for its adoption, which affects the entire organization. Completing the system’s development, deployment, implementation, and stabilization could bring about a fundamental shift in court operational methods and patterns, introduce a modern framework, and streamline judicial processes.
The audit revealed that the management of the project suffers from deficiencies, some of them severe, including:
The system was developed without adhering to the MAPTACH framework;
Development commenced without prior system characterization;
Detailed work plans bound by strict timelines were not established, and those that were established were frequently modified;
Separate budgetary line items were not designated for development versus maintenance;
No multi-year cost estimation was conducted;
There is no comprehensive, updated financial estimate for completing, implementing, operating, and maintaining the project;
The project was managed by consultants without a core management team of civil servants;
The CA accepted the system without conducting its own acceptance tests, relying solely on delivery tests performed by the vendor;
At the time of the initial pilot, vendors failed to satisfy contractual delivery requirements, as the system did not meet criteria specified in the Scope of Work document (e.g., zero critical defects).
The multiplicity of faults—such as instability, slow response times, low reliability, and unresolved technical issues—impaired system operations to the point of user dissatisfaction.
Developing an information system is a complex undertaking that often suffers from missed targets and overruns in time and budget. To mitigate these risks to the extent possible, the MAPTACH framework was established and adopted by the government as a binding framework policy for managing its IT systems at both project and organizational levels. The framework details how to manage, develop, and maintain a computerized system, aiming to prevent the specific flaws outlined above—guidelines that were not followed in this instance, from which the CA must draw lessons and conclusions.
To remedy the situation, the CA must take the following measures:
Complete the development of the system;
Deploy the system across all courts;
Stabilize it and rectify the defects impairing its operation and reliability;
Issue a public tender for system operation and maintenance;
Allocate the necessary resources to complete its implementation.
Additionally, the Accountant General and the Civil Service Commission must finalize the joint committee work regarding the standardization of core IT roles in the civil service and staff these positions within IT units with state employees who will unequivocally represent the public interest.
Hebrew Original
https://library.mevaker.gov.il/sites/DigitalLibrary/Pages/Reports/465-37.aspx
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2.
Procedures and Measures for the Computerization of Courts – Follow-up Findings (2012)
Translation
Procedures and Actions for the Computerization of Courts – Follow-up Findings
Publication Framework: Annual Audit Report 62 for the Year 2011 and the Accounts for Financial Year 2010
Publication Date: 01.05.2012
Publication Type:Annual Reports
Israel’s court system includes, among others: the Supreme Court, District Courts, Magistrate Courts, Traffic Courts, Family Courts, Juvenile Courts, and Labor Courts (hereinafter – the courts). The courts are spread across the country, organized into six districts, and handle approximately one million cases per year. The courts are managed by the Courts Administration (hereinafter – the CA), whose duty is to supervise their proper operation. In the late 1990s, the CA decided to develop a new computerized system based on the concept of "the electronic file – paperless court" (hereinafter – the Net HaMishpat system, the System, or the Project), and in 2003 it began its development. The deployment of the system across all courts was completed in May 2010.
Between August and November 2011, the State Comptroller’s Office conducted a follow-up audit regarding the rectification of deficiencies in the procedures and actions for the computerization of the courts, which were highlighted in Report 60b. The follow-up was carried out at the CA and in several courts.
Below are the main findings raised during the follow-up:
Non-Compliance with MAPTACH Framework:
The previous report revealed that the CA did not develop the system according to the mandatory framework for developing information systems in government ministries—the MAPTACH framework. The follow-up revealed that even in new addenda to the agreement signed between the CA and the vendors, the CA did not require the implementation of the MAPTACH framework, nor did it require its application as a threshold condition in the tender for advisory and oversight services for the system's development and maintenance tender, settling instead for incorporating requirements based on this framework into only certain sections of the tender.
Lack of Independent Acceptance Testing and User Surveys:
The previous report revealed that the CA accepted the system contrary to the MAPTACH framework and without performing acceptance testing on its own behalf, relying solely on delivery tests performed by the vendor. Following installation, it became clear that the system contained issues that caused severe operational failures—a outcome that could have been avoided had the CA conducted acceptance testing as required. The multiplicity of system failures led to dissatisfaction among users. The follow-up revealed that the CA has not yet conducted a satisfaction survey among system users, nor has it performed its own independent acceptance tests on the system.
Core Management Positions:
The previous report revealed that the project was managed by a team of external consultants without a core management staff of civil servants representing the public interest. The follow-up revealed that some of the core management roles have still not been staffed by civil servants.
Financial System Software Defects:
The previous report highlighted issues with the software of the CA's financial system and its interface with the Net HaMishpat system. The follow-up revealed that this deficiency was only partially rectified; although there has been an improvement in the functioning of the financial system and its interface with the main system, deficiencies still remain.
The Net HaMishpat system is the flagship project of the CA, intended to improve the service provided to citizens and streamline the administrative infrastructure of the judicial system. Because the courts provide services to members of the public using a single, comprehensive online system, the CA must act to minimize system failures to prevent harm to the provision of services to system users—both CA employees and external parties, such as litigants and attorneys.
The follow-up audit revealed that the CA rectified some of the deficiencies raised in the previous report. However, several deficiencies have yet to be addressed, requiring prompt and effective action to correct them. The CA must take the following steps:
Stabilize the system and accelerate the rate of resolving failures that impair its functionality and reliability;
Conduct a comprehensive risk survey regarding the system covering both hardware and software;
Complete the mapping of processes and requirements for all users alongside the inherent risk centers, and evaluate whether system modifications are required in light of the failures that occurred;
Issue a public tender for system operation and maintenance;
Perform proper system acceptance testing and user satisfaction surveys;
Complete the aggregation, review, characterization, and development of user software requirements, drawing necessary lessons to improve and streamline the system.
Hebrew Original
https://library.mevaker.gov.il/sites/DigitalLibrary/Pages/Reports/583-29.aspx
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3.
