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Jewish Association slams judges for wading into ‘political fray’

The representative body for judges and magistrates released a statement expressing concern at changes being considered in Israel.

Demonstrators lift banners and flags during a rally in Tel Aviv to protest the Israeli government's judicial overhaul plan, on June 24, 2023. (Photo by JACK GUEZ / AFP)
Demonstrators lift banners and flags during a rally in Tel Aviv to protest the Israeli government's judicial overhaul plan, on June 24, 2023. (Photo by JACK GUEZ / AFP)

The Australian Jewish Association has lashed the representative body of the nation’s judges and magistrates for speaking out against judicial changes being mooted in Israel.

AJA president David Adler pointed his finger specifically at Federal Court Justice Mordecai Bromberg, a one-time Labor ­candidate recently appointed president of the Australian Law Reform Commission.

“We heard from another member of the Australian Judicial ­Officers Association – a senior member of the judiciary – that Bromberg has been active in pushing for this statement to be made,” Dr Adler told The ­Australian.

He said the statement suggested the AJOA, which claims to represent more than half of the country’s judges and magistrates, had a “political axe to grind”.

Israel’s judicial reforms, proposed by its centre-right coalition government in January, continue to be the source of fierce controversy. Among proposed reforms are changes to how judges are ­selected and in what circumstances the parliament could overrule the supreme court.

Opponents said the changes would diminish judicial independence, while proponents say the government has a mandate given changes were an electoral ­promise.

The Australian Judicial Officers Association at the end of April released a statement ­expressing concern about the ­proposed reforms.

“In their present form, the proposed laws risk undermining the rule of law and jeopardising the independence of the judiciary as well as potentially impacting upon human rights,” it read.

“A strong and independent ­judiciary is indispensable to the rule of law and the continuation of a democratic society. The over­riding of judgments of the ­Supreme Court in particular matters acutely raises the prospect of the erasure of the democracy.”

Dr Adler said the statement was unusual.

In correspondence seen by The Australian, the AJA asked why the AJOA had decided to enter “into a highly contentious political debate in relation to an internal, domestic issue”.

“As far as the AJA is aware, the AJOA has never previously done so in any analogous situation in relation to a country whose legal system and vibrant democracy it respects,” it read.

When the AJA first wrote to express concern, AJOA president Justice Michael Walton responded with a one-page letter, which “rejected” the “admonitions contained in the questions raised in (the) correspondence”.

“The issue raised in the statement issued by AJOA is that the judicial reforms brought before the Knesset (Israeli parliament) seek to usurp the established power of the Supreme Court of ­Israel and to remove the checks and balances upon legislative power in the administration of the laws of a nation not having a formal constitution,” it read.

Dr Adler said the saga “reflected poorly” on the AJOA.

“For some reason they have made a highly critical statement of a democratic country – a friend, an ally,” he said. “Democracies don’t do that to other democracies, especially allies. We expect our judges to be separate from, and above, the political fray.”

Chief executive Karen Sloan confirmed the AJOA had corresponded with the AJA.

“The AJOA refers you to our previous statements on Poland and Turkey,” she said.

The Australian approached Justice Bromberg for comment.

Read related topics:Israel

Original URL: https://www.theaustralian.com.au/nation/jewish-association-slams-judges-for-wading-into-political-fray/news-story/eafc383912d36d59304c34a1e2b435ae