High Court unanimously recommends government cancel its dismissal of the AG

In a highly consequential decision, the High Court of Justice decides unanimously to recommend to the government that it cancel the dismissal of Attorney General Gali Baharav-Miara.

The court advises the government to consult the public, professional committee –which since 2000 has been tasked with recommending the appointment and dismissal of the attorney general — and to abandon the new process it approved in June this year designed specifically to enable it to fire Baharav-Miara.

The court tells the government to inform it by September 14 whether it accepts the court’s recommendation to abolish its new method for firing the attorney general, and by extension to cancel its dismissal of Baharav-Miara.

If the government decides not to respond to the court’s recommendation, then it can submit affidavits to the court by October 30, after which a final ruling can be issued.

The court therefore cancels the hearing for the petitions against Baharav-Miara’s firing, which had been set for this Wednesday.

Judge Noam Sohlberg had already issued a recommendation for the government to consult the public, professional committee back in July, but today’s decision by all nine judges on the presiding panel gives Sohlberg’s proposal the full backing of the court.

It also indicates conclusively that the court sees the government decision to change the method of firing the attorney general after it had already embarked on the original process established in 2000 as highly problematic, and that it is likely to rule against it in the petitions calling for the court to annul the government decision to fire Baharav-Miara.

The decision was prompted by the government’s failure to file a response to the court defending its position against the petitions, a highly irregular step.

In its unanimous decision, the High Court panel, which includes a majority of conservative judges, says it has not been presented with any justification for the government to deviate from the method established in 2000.

It also stresses that Sohlberg’s decision last month that froze Baharav-Miara’s dismissal and upheld the binding nature of her legal advice on the government remains in place.