Attorney-General Gali Baharav-Miara asked the High Court of Justice to halt the appointment of two senior Police Investigations Department officials before the October 27 election, arguing that Justice Minister Yariv Levin has too much influence over who will be chosen.
The request was submitted as part of several petitions against a law passed in June that removes PID from the State Attorney’s Office and establishes it as a separate unit within the Justice Ministry.
At issue are two long-term appointments: the director of the restructured department, who will serve for six years, and a new senior official who will resolve disputes over investigations of police officers and serve for three years.
Baharav-Miara argued that making those appointments shortly before an election would allow the current government to shape the leadership of one of Israel’s most sensitive law-enforcement bodies for years to come.
She also warned that perceived political control over PID could deter police officers, investigators, and prosecutors, particularly during an election period in which the police are responsible for maintaining public order and protecting demonstrations.
PID investigates suspected criminal offenses committed by police officers. Its independence is intended to ensure that officers can be investigated without interference from either political officials or the police itself.
Levin has 'significant influence' over voting committee
Under the new law, the two senior officials will be selected by a five-member appointments committee. Baharav-Miara argued that Levin or his office had significant influence over three of its members.
Under the law, Justice Ministry Director-General Itamar Donenfeld, or a representative, chairs the committee. Baharav-Miara noted that the director-general holds a position of trust under the justice minister. A second member, a criminal-defense lawyer, was appointed by Levin after consultation with the national public defender.
The attorney-general’s filing said Donenfeld had also played a role in the selection of a third member, who was formally appointed by the Civil Service commissioner.
According to the filing, Donenfeld sent the commissioner the name of a single candidate, along with the candidate’s résumé and a legal opinion finding no impediment to the appointment. The commissioner interviewed the candidate and decided to appoint them.
Baharav-Miara did not claim that the commissioner failed to exercise his own judgment. She argued, however, that Donenfeld’s decision to put forward only one name gave a person holding a position of trust under the minister significant involvement in selecting a third committee member.
She said this was particularly consequential because the committee is permitted to operate with only three members. It will also have the power to dismiss the officials it appoints.
The committee has not yet been fully established. An application process for the position of PID director was opened on June 25, and its deadline was extended three times, most recently to Sunday, August 16. No equivalent process has been opened for the second position.
Permanent appointments should be avoided during elections, Baharav-Miara says
Baharav-Miara argued that there is no urgent need to complete either appointment before the election because the existing PID continues to operate under an acting director.
Citing High Court precedent, she argued that permanent appointments should generally be avoided during an election period when there is no urgent need and a temporary arrangement is available.
The attorney-general acknowledged that the coming election is taking place on its scheduled date, unlike many previous cases in which courts considered appointments after an early election had been called. She nevertheless argued that the same concerns over political considerations and binding the next government apply.
Levin has not yet submitted his substantive response. In a request filed Thursday, lawyers representing him separately asked for five additional days, until August 21, to present his position. They said their office had taken on his representation only hours earlier and had not yet received all the material in the cases.
The Knesset consented to the extension. Baharav-Miara left the request to the court’s discretion, provided that no steps were taken to implement the law or advance the appointments before a further court decision. Two groups of petitioners opposed the extension and asked the court to impose a temporary freeze if it granted Levin more time.
The Knesset approved the PID law in June by 43 votes to 39. It establishes PID as a separate body within the Justice Ministry and transfers powers currently held by the attorney-general and State Attorney’s Office to the department’s new leadership.
Levin and Likud MK Moshe Saada, who sponsored the law, have said the separation will address conflicts of interest and make investigations of police officers more independent and professional.
Baharav-Miara and the petitioners challenging the law argue that it would have the opposite effect by giving political officials influence over the body responsible for investigating the police.
A hearing on the petitions has been scheduled for December 28 before Supreme Court President Isaac Amit, Deputy President Noam Sohlberg, and Justice Dafna Barak-Erez. Because the hearing is set for after the election, the court must first decide whether to freeze the appointment process in the intervening period.