Cabinet approves extending civil service commissioner’s term amid storm over replacement
Move comes after Attorney General Baharav-Miara opposed government attempts to have Netanyahu appoint new commissioner directly, bypassing selection committee
The cabinet approved a proposal by Prime Minister Benjamin Netanyahu to extend the tenure of Civil Service Commissioner Daniel Hershkowitz until December 12 or until another permanent commissioner is appointed, the Prime Minister’s Office announced on Sunday.
Hershkowitz was set to complete his term in October. Despite the opposition of Attorney General Gali Baharav-Miara, the government last month approved a measure allowing Netanyahu to directly nominate the next civil service commissioner, rather than using a search committee.
She argued that the person who would fill the role of civil service commissioner, which involves supervising civil servants, must be approved by a search committee headed by a retired Supreme Court justice, citing a 2018 government decision that was made to ensure the position’s independence. However, this process was not enshrined in legislation.
Responding at the time, Netanyahu’s office asserted that the responsibility to choose a civil service commissioner lay with “the nation,” represented by the elected government, and argued there was no reason to grant civil service professionals a say in the matter.
On Friday, Baharav-Miara told the High Court of Justice that Netanyahu’s plan is illegal and “creates a new situation whereby the prime minister will be able to choose a person he wishes to be appointed to the position who does not have to meet minimum professional threshold conditions of experience, skills or suitability.”
Netanyahu’s government has frequently clashed with Baharav-Miara during its term, particularly concerning appointments of key positions like Israel Police commissioner.
The attorney general opposed National Security Minister Itamar Ben Gvir’s first pick for commissioner, Avshalom Peled, over past investigations into the officer. Peled eventually withdrew his candidacy following heavy scrutiny at the Senior Appointments Advisory Committee, which was tasked with approving his appointment.
One position the government has refused to fill, however, is the Supreme Court president after Esther Hayut retired in October. Baharav-Miara has labeled Justice Minister Yariv Levin’s refusal to convene a vote to choose a Supreme Court president as “extremely unreasonable.”
In apparent concurrence, the Supreme Court ruled unanimously on Sunday that Levin must convene the Judicial Selection Committee and elect a new president for the Supreme Court, thwarting a key strategy of Levin’s to exert greater governmental control over the judiciary.
The court ordered Levin to publish the names of the candidates for the position in the official state gazette within 14 days and convene the committee, which he chairs, “shortly after” the mandatory 45-day waiting period after the candidates’ names are published.
Levin vowed to boycott whichever president was chosen because he contended that the next president would be elected in an “illegal manner” after the ruling.
Last year, the government pursued now-shelved legislation to overhaul the judiciary. Some bills would have resulted in the transferring control over judicial appointments to politicians and would have allowed private legal advisers for ministries.
In recent weeks, Levin has sought to revive the highly contentious overhaul, which split the nation last year, despite heavy opposition from the opposition and President Isaac Herzog who warned that the “fracture that weakened our resilience and strength is beginning to return to our lives.”
Michael Horovitz contributed to this report.
