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Election To Israel's Bar Association Gets Rare Attention Amid Judicial Overhaul Saga

ISRAEL

The Israeli Bar Association (IBA) will elect its new head and national council tomorrow, which will have important consequences for the dynamics behind the government's controversial judicial overhaul, a key source of political risk in the country. It has been suggested that Prime Minister Netanyahu's unsuccessful attempt to delay last week's vote on Knesset representatives to the Judicial Selection Committee (JSC) came as he wanted to wait for the outcome of the IBA elections.

  • The association's internal elections usually draw little attention, but have taken on much political significance this time around. This is the case because it may tip the balance in the Judicial Selection Committee, allowing the government to take control over the panel selecting judges.
  • The two leading contenders for IBA leadership are Amit Becher and Efi Nave:
    • Amit Becher is the acting head of the IBA since Avi Himi, Nave's successor and a critic of the government's judicial overhaul, stepped down following accusations of sexual indecency. Becher also is an outspoken critic of the government and its judicial overhaul plan and vowed to keep fighting for an independent judicial system.
    • Efi Nave headed the IBA from 2015 until his resignation in 2019 over scandals involving accusations of nepotism and indecent behaviour. He has argued that Becher has politicised his temporary position and criticised IBA members for commenting on the judicial overhaul; he also has links to right-wing politicians. Nave is seen as the government's favoured candidate.
  • The election will be consequential because of the role the IBA plays in Israel's judicial system. The body appoints two representatives to the nine-member JSC, the others being the Justice Minister, another Cabinet Minister, President and two justices from the High Court, and two Knesset representatives.
  • Following the unexpected setback at a Knesset vote last week, one of the seats allocated to parliament was filled by the opposition; the coalition is set to fill the other one within 30 days. If the new IBA head is on good terms with the ruling coalition, his nominees to the JSC could tip the balance in favour of the government, allowing it to revamp the judiciary without the need to pass much of the contentious legislation.
  • For now, Amit Becher is the front-runner given the general sentiment towards the judicial overhaul plan in Israel's legal community. His key challenge is to mobilise enough supporters to prevent Nave's surprise return. However, it has been speculated that in this scenario, Justice Minister Yariv Levin could refuse to convene the JSC in the near term and double down on legislative work in the Knesset.

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