Supreme Court Beis Din: "In a state of collapse. Unnecessary delay of justice "

About a year ago a petition was filed to the Supreme Court by women's organizations against the commission to appoint judges, arguing that women should be included in the appointments committee - after it became clear that in the composition of the committee, which has ten seats, there is not even one woman.

The High Court granted the petition and issued an injunction preventing the commission to convene until a final decision on the petition. But as a result, rabbinical courts are kneeling under the burden in responding to and handling of cases, while in contrast the committee is unable to appoint judges.

In fact, since March 2012 the Nominating Committee is paralyzed, and in the last two years 10 judges retired, and since then new appointments have not been made (each appointment is a lengthy process). The three courts that are suffering primarily from the load are the rabbinical court in Jerusalem and the Haifa court.

Tomorrow (Monday) the High Court will hold another hearing (since the last hearing in March 2012, during which it was decided to freeze the Committee), regarding the appointment of women to the committee.

According to Executive Director of the rabbinical courts, Rabbi Shlomo Dichovsky: "These days, court judges are doing a double job which may put them into a state of collapse. This is due to a severe shortage of judges versus the number of files that are only mounting. If this is not enough, as first and foremost customers suffer by waiting for long periods of time for discussions and are not responded to quickly. We need to thaw the freeze and the appointment of judges as soon as possible, and in light of the subject I suggest legislation, that one out of every three factors appoints a woman, or even two women."

Hgr"sh Amar: A delay of justice and unnecessary suffering

Given the situation Rabbi Shlomo Amar President of the Rabbinical courts issued a letter to the court judges, 83 in number, in which he presents the difficult situation.

"For a long time there have been no new appointing to the courts, (for 42 months there were no appointments in the great religious court, and in the community courts there have not been appointments for 18 months)," began the rabbi and continued, "The suffering of the community is great, of those waiting to decide their fate, and they expect to complete their case and suffering, and because the lineups are missing in many places, there is delay of justice and unnecessary suffering, and all ask and wonder: until when."

He claimed that as a result judges are bending under the load "the judges are trying their best opposite the suffering of the public, and they themselves are in poverty and sorrow, and do their work conscientiously and in silence. May Hashem pay their achievements for all they are doing to maintain respect for the public, and serve them graciously, recognizing their deep service duty and work ethic. May the echoes of the suffering come to the ears of those who have the ability to put an end to this difficult decree."

It should be noted that due to the situation described above, the average time for a case (from beginning to end) has lengthened by up to 102 days. Judges, on their part, are working more hours, but the output has decreased gradually from 2010 in which 166,439 products, going on 2011 to 156,692 products to 144,344 products only in 2012. Decrease of 13% in output.

If in the past six ensembles worked in the Jerusalem court, today only three ensembles are actually functioning, and often only two.

On the other hand, the number of litigants and conflicts has not decreased, so the burden which was earlier is now heavier than ever. The load factor has caused declined discussions and delayed decisions, waiting for hours in the corridors of the court, and the public distress to the litigants.

With regard to the great court only two permanent judges are sitting there today, three other judges used as temporary appointment.

Urgent requests that require making decisions that day, are treated after two or three weeks, and hurt the treatment of the case and the addressee. Some of them even become irrelevant. A situation has also been created in which discussions are set every five months. Therefore customers are forced to pay attorney fees for more time, and there are attorneys who are not willing to hold the case for so long.

Another phenomenon that has developed: Many lawyers recommend customers not to appeal to the Beis Din, because it takes a long time to handle the case. Customers accept the argument, and compromise with no other choice.

'בחדרי' גם ברשתות החברתיות - הצטרפו!