Other Topics - Procedure - Judges & Hearing

Preventing Scene At Family Court Proceedings

Question:

What can be done to deal with a party defending proceedings against him/her at the family court , who is expected to bring several members from his/her large, vociferous family to make an embarrassing scene in the court room or the corridor outside, and shout out lies to influence the judge ?

Answer:

According to the Courts’ Law of 1984 nearly all family proceedings as defined under the 1995 Family Courts’ Act, must be held behind ‘closed doors’ i.e. are not open to the public. Only three types of family proceedings are to be held in public - pleas under the Determination of Age Law, The Names Law and Inheritance Act where family conflict is not at the heart of the matter.

Having said this, even though family law proceedings such as the ones described are to be held behind closed doors, the court can allow certain people to attend. If such people, for example relatives, do attend and do disturb proceedings the court has discretion under the Courts’ Law, to remove them, fine them or even imprison them for up to three months providing they have been asked to stop first and properly warned of the consequences if they do not. A person who acts in a violent, wild or embarrassing way, reacts noisily to proceedings, threatens a court official or disturbs in another way either in the court room or near it may be removed .

In addition, during family court proceedings where a party notices a relative or friend of the other side in the court room and is concerned that their presence could prove problematic, he can object to their presence , and ask the judge to order the person to leave the courtroom, or the building. The judge can do so.

Public Figure Divorces – Media Coverage

Question:

What can a well-known local figure do to protect himself when his wife threatens to harm his public image and possible future career by embarrassing him with certain revelations , even fabricated ones, in the court room ,which the media will find most attractive for publication, if he refuses to give in to her demands during the divorce process ?

Answer:

Regarding publication of the court proceedings, the Courts’ Act of 1984 states that this is not allowed where the hearing is conducted behind 'closed doors', unless special permission is given by the court. According to the Courts’ Act, family law proceedings must be held in private ,so special permission would have to be obtained before media publication would be allowed. Even when this is done so, it may be only re part of the judgment and names and other identifying details must not be given. Accordingly, counsel should be briefed and instructed about these concerns, so that he/she can act accordingly, at the start of the hearing.

Ethical Rules Binding Judges

Question:

Are judges in Israeli courts bound by regulations concerning the way they manage cases and behave?

Answer:

Yes – they are bound by the 2007 Ethical Regulations for Judges.

Judge Must Step Down From Case When Party Was Former Client

Question :

Will a judge be allowed to rule on a case in family law proceedings if, before he was appointed, he was a lawyer in private practice that was consulted by one of the parties before him ?

Answer:

Where the judge has represented a party or given him/her legal advice while he was working as a lawyer, he should not hear the case because of the potential for bias. Justice must be seen to be done, as well as to be done.

Ideally, if the judge remembers the connection he should stand down on his own initiative. If, however, he fails to do so an application can be made for him to ‘dissolve’ himself on the grounds that his previous connection means that there is a 'substantial risk of bias'. Should the judge fail to step down when asked to, an appeal can be made to the President of the Supreme Court.

Justified Complaints Against Family Court Judges

Question:

Is there any avenue for the public to complain against the handling of their cases by judges at the family court ? Is there any point ?

Answer:

Yes, such an avenue for complaint has existed since 2003 against any judge in any Israeli court. In the report covering the first half of 2008, published in August 2008, 9 out of 74 complaints made against family court judges were found to be justified – that is over 12%. This is 50% more than the average percentage for "justified complaints" against judges in all the courts in Israel over the same period, which was 8%.

The findings of the body which is of ethical/disciplinary nature only, are only recommendations, and are reported without identifying the judge concerned. The most severe criticism usually only results in a remark being written in the judge's personal, professional file.

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