The Attorney General
The Attorney General serves as legal counsel for the Government and public
authorities, directs the state prosecution and supervises the legal
department that prepares and reviews proposed legislation.
As a result of the high level of professionalism and
political neutrality that it has maintained over the years, the office
of the Attorney General is held in high esteem both by the public-at-large
and by the members of the Government, the Knesset and the Supreme Court. The
Attorney General is regarded the legal figure who is the foremost champion
of the rule of law and guardian of the public interest.
The Attorney General, who is a civil servant, is appointed by the
Government upon the recommendation of the Minister of Justice; the term of
his appointment is not defined. Removal of an attorney general from office
is effected in a fashion similar to his appointment, but this has hardly
ever been implemented.
While the office of the Attorney General has not been the subject of a
Basic Law or major legislation, the traditional rules and customs
associated with the Attorney General were set out by a committee convened
in 1962 and chaired by Shimon Agranat, then a Supreme Court Justice. The
Agranat Committee Report substantiated the office's tradition of political
neutrality. Since the 1960s, therefore, there has been an understanding
that a person who possesses a strong political identity or who is known
for his political activism should not be appointed to this post. The
report sets out a number of guidelines for ensuring that the office of
Attorney General be a non-political entity. It recommended that the person
appointed Attorney General should be free of political party influences so
that his decisions may be arrived at independently and without concessions
to instructions or policy of the Government or the Minister of Justice.
The commission also noted that candidates for the position of Attorney
General must meet demanding professional criteria, and it has been
Government policy to nominate persons who are qualified to serve as
Supreme Court justices. In fact, a number of past attorney generals -
Aharon Barak, Haim Cohn, Meir Shamgar and Itzhak Zamir - have gone on to
become justices of the Supreme Court.
Responsibilities of the Attorney
General
Head of the Prosecution
The Attorney General is authorized to decide whether or not to submit an
indictment; to rule with respect to the decision of the police or the
State Attorney, to investigate or close a file; to request the extension
of an arrested person's detention by a court for a time period longer than
30 days; to request that the immunity of a particular Member of Knesset be
waived; and to stay criminal proceedings after an indictment has been
submitted. He is further authorized to provide representation and to argue
in any legal procedure which, in his view, involves an issue of public
interest. In these actions, the Attorney General has exclusive authority
and his decisions may be overruled only by the Supreme Court , through
petitions submitted to it in its capacity as the High Court of Justice.
Representation of the State in legal proceedings in all courts and
tribunals in criminal, civil and administrative matters is entrusted to
the Attorney General. He delegates much of this responsibility to the
State Attorney. The prosecutors take their direction from the Attorney
General and the State Attorney - on whether or not to pursue a matter in
the courts on behalf of the State by initiating legal proceedings. If
legal actions are taken against the State, the Attorney General may choose
to defend, or not to defend, the State and its public bodies in court. The
Government may not hire a private attorney without the consent of the
Attorney General's office, regardless of whether or not the Attorney
General and his staff are prepared to represent the Government in a
particular case.
Legal Advisor to the Government
As the government's legal advisor, the Attorney General counsels the
Government, the ministers, government ministries, local authorities, and
other public bodies, such as the post office and the national telephone
company. He provides counsel directly or indirectly through the government
legal service, namely by the legal advisors of all government ministries.
The Attorney General is also responsible for issuing guidelines to the
Government on the interpretation of law and appropriate legal
procedures.
The legal opinions of the Attorney General are accepted as authoritative
interpretations of the law and are therefore binding on all government
authorities. This provides for two important internal checks on the lawful
workings of the government. First, because of the authoritative quality of
the Attorney General's decisions and the respect in which his office is
held, government officials commonly seek his advice and consent before
making policy decisions which may later be found to be contrary to the
law. Furthermore, if an authority acts against his legal counsel, the
Attorney General may decide not to defend that body in court.
Legislative Advice
The Attorney General is responsible for ensuring that the Basic Laws of
the State and appropriate procedures are respected whenever laws are
passed and administrative actions are taken. In this capacity, he advises
the Division of Legislation in the Ministry of Justice in the preparation
of bills to be presented by the Government and in supervising the
promulgation of regulations by all government ministries. The Division of
Legislation checks both Government bills and private members' bills to
determine whether they are consistent with existing laws and rights and
advises the Government accordingly.
Guardian of the Public Interest and the Rule of Law
While the Attorney General acts as legal counsel for the government, he is
foremost the lawyer for the people. As former Attorney General and current
Supreme Court Justice Itzhak Zamir wrote: "The true client of the Attorney
General is the public." He is the guardian of the public interest, the
rule of law and civil liberties. The Attorney General ensures the
efficient and effective functioning of criminal law enforcement, the
proper operation of the administration and the appropriateness of the
measures of pu
Sources: Israeli
Foreign Ministry |