Israel Bar Association Surveys Interns

The Israel Bar Association just sent out a 12 question survey to legal interns (stagiaires) asking the following questions (it was multiple choice but I am only including the questions):

1. Do you think the internship in its current form properly prepares you to work as a lawyer?
2. Was it hard or easy for you to find an internship?
3. If it was hard for you, why do you think that was?
4. During the internship did you only perform legal work?
5. How many hours a day did you work?
6. Do you feel received fair treatment from your employer?
7. How do you rate the quality of your internship?
8. How do you feel about the suggestion to institute an entrance examination at the end of law school as a precondition to beginning an internship?
9. What is your position regarding extending the length of the mandatory internship?
10. What is your position regarding creating a training school to run simultaneously with the internship?
11. What is your position regarding the proposal to change the bar exam to also test critical thinking and analysis rather than rote memorization?
12. Do you think there is a need to change the system to one that institutes standards to determine who can qualify to be an interns mentor (מאמן)?

I think making the bar exam more like the American bar exam to test critical thinking/ analysis and application of the law is a much better idea than the current exam that tests rote memorization. I don't think that the internship should last for more than 1 year. During the internship, salaries are very low. To make interns collect such a pittance for more than 1 year is unfair. I don't see why they need an exam after law school but before the internship. Students take plenty of exams in school and then the bar exam. Why is there a need to insert another test? How would that exam be different than the bar exam?

Pre-Emptive Military Actions Panel Discussion

Here is a link to a panel discussion that took place at the annual Israel Bar Association meeting in July.


The panelists are listed below:

Asher Grunis to be the Next President of the Supreme Court

Justice Grunis

The Knesset is on its way to passing a law- The Grunis Law- that will change the status quo at the Supreme Court of Israel. The current practice is that when the President of the Court retires at age 70, the next most senior Justice (based on age) becomes the new President, although I don't think that is codified in the law. (See here.) The Courts Law- 1984 provides that the President of the Supreme Court shall be appointed in accordance with Section 4(a) of the Basic Law: The Judiciary which states in turn that "A judge shall be appointed by the President of the State upon election by a Judges' Election Committee." Section 8(c) of the Courts Law states that "a judge may not be appointed to the position of President or Vice President of the Court if he/she cannot serve in this position for at least three years until mandatory retirement under section 13(a)(1)" which mandates that a judge retire at age 70.

The current President, Dorit Beinish, is set to retire in a few months. Justice Grunis, who would replace her, would only serve as President for 2 years and 10 months before turning 70, seemingly disqualifying him from the position. The Knesset's new law would waive the 3 year requirement and apparently not replace with any time requirement at all. According to the JPost the new law would apparently have a two year minimum service requirement, but I didn't see that on the Knesset website. What I read seemed to say that the nomination of a suitable President will be left to the discretion of the Committee.

While the sponsor of the bill Yaakov Katz said that his motivation is to ensure that the country doesn't lose out on a competent President like Justice Grunis because he is 41 days too old, it seems to be an open secret that the cancellation of the law is a political maneuver by Knesset members who approve of Justice Grunis' opposition to judicial activism and reticence to annul laws passed by the Knesset.

I actually worked for Justice Grunis at the Supreme Court last year when I was a foreign law clerk. See my previous post here. I liked him a lot and hope he does become the next President of the Court.

Relatedly, another law is under consideration that will change the makeup of the Election Committee which currently consists of 9 members. Section 4(b) of the Basic Law: The Judiciary currently states that "The Committee shall consist of nine members, namely, the President of the Supreme Court, two other judges of the Supreme Court elected by the body of judges thereof, the Minister of Justice and another Minister designated by the Government, two members of the Knesset elected by the Knesset and two representatives of the Bar Association elected by the National Council of the Chamber. The Minister of Justice shall be the chairman of the Committee." The new law will change the method for appointing the members of the Bar Association. The Chairman of the Bar Association will be one member and another member from the political opposition will be the other. See here.

I admit I don't understand how that will work. It assumes that the Chairman of the Bar Association belongs to a political party. What if he doesn't? Is that possible? Does it seem strange to you that the members of the Bar Association are openly political?

JPOST: Police recommend charging ex-head of Israeli Bar

I just saw this article from the JPost. It's never good when the head of the Bar Association is being charged with corruption.

I remember reading an article discussing whether the high rate of corruption in Israel is indicative of a rotting legal/political system or a strong press corps and government willingness to end corruption. Could it be both?

Police recommend charging ex-head of Israeli Bar

By YAAKOV LAPPIN 15/11/2011

Attorney Guy-Ron, senior Meuhedet Health Fund officials are suspected of fraud, corruption.

Police said evidence exists to charge senior officials from the Meuhedet Health Fund with corruption following the completion of an extensive investigation, and recommended that the former head of the Israel Bar Association, attorney Yuri Guy-Ron, also be charged in connection with the affair.

Guy-Ron, who owns a marketing company together with his wife, is suspected of receiving hundreds of thousands of shekels from Meuhedet without providing a  service in return. 

"We found evidence that Mr. Guy-Ron committed offenses [while head of the IBA] relating to corruption, conspiracy to commit a crime, and aggravated fraud," police said in an official statement.

The funds were sent to Guy-Ron's company by Yehuda Aliash, former deputy marketing director of the Meuhedet Health Fund. "The two men are friends. The transfer of large funds was not reciprocated by any service," a police source close to the investigation told The Jerusalem Post.

Responding to the allegations, Guy-Ron told Channel 2 News, "I received the news with surprise and shock. I can't understands the police's recommendation. The decision will rest with the prosecution, and I am convinced that it will find that I did not commit any offense."

The National Fraud Unit launched its inquiry following a report by the State Comptroller on the Meuhedet Health Fund, which raised concern over major irregularities.

Aliash is suspected diverting tens of millions of shekels from the advertising budgets towards marketing companies that employed his associates and relatives.

He is also suspected of paying bribes, money laundering, and fraud. "A basis of evidence exists to back up these suspicions," a police spokesman said on Tuesday.

Another suspect in the investigation is former Fund director-general Uzi Salant, who police suspect of illegally attempting to recruit new members to the fund. 

Police told state prosecutors on Tuesday that he too should be charged.