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Brilliant Cut prices for diamonds 3.00 CTS. and larger available on request subject to prior sale r SE OLJZ_:,•t714-, The Diamond People For Over 50 Years PIA N&D \,:i l 30555 SOUTHFIELDCONGRESSSUITE 100 (ONE BLOCK SOUTH OF 13 MILE ROAD) PHONE 645-9200 11. 1% • A Michigan judge reviews the legal system in Israel By JUDGE KENNETH BRONSON Many readers of the Jewish News have experi- enced Israel first-hand, but I don't believe any have re- ported or have been given access to the kind of infor- mation given to myself and 12 other jurists from the United States, of which only three were Jewish, on the American Judicial Founda- tion's International Confer- ence in Israel. Israel, as we all know, is a land vast in history and small in geography. Its legal system derives from the English Common Law, Continental Law and reli- gious courts as left over from the Turks and the British. We were privileged to study both the constitu- tional, administration and organizational processes of the Israeli judiciary in meetings with the Attorney General; past Attorneys General, Chief Justice Meijer Shamgar and others. Israel has no written con- stitution but has a basic theory of human rights which is administered by its Supreme Court. Its unwrit- ten constitution operates, therefore, in much the same manner as the English con- stitution does. Premier David Ben Gur- ion's theory was that there were only 600,000 Jews in Israel in 1948 and that he expected millions to come to Israel. He believed Israel should delay the writing of a constitution until those mil- lions came. The Knesset is now con- sidering a written constitu- tion. It appears to be some- what weaker than the pre- sent rules on individual lib- erty, such as the right of freedom of speech. The draft includes language such as, "The right of freedom of speech shall not be abridged except as provided by law," whereas existing laws make freedom of speech much broader. Israel has approximately 500,000 suits filed in its civil courts a year. Some 250,000 are traffic cases. The other 250,000 go gener- ally into the District and Supreme Court, as well as some with lower financial matters in the Magistrate's Court. Observation of Israeli judges has been that litig- ants do not tend to settle their cases and court delay has ensnared the judicial process. No jury trial is pro- vided in Israel by reason of the tradition handed down from the English system. Under the English system and Mandate of Palestine, the English feared that group loyalty would make a fair trial impossible. There is no jury available in Israel or England in civil cases (other than libel in England). The criminal law is based on the Common Law of , Judge Kenneth Bronson England and thus is very similar to U.S. criminal law. The civil law, to a tre : mendous extent, is based on Continental Law - the law of Europe. For example, in Israel there is no such thing as consideration required for the effectiveness of a contract. Divorce, mar- riage, and custody are de- termined in the religious courts by each of the reli- gious groups. In addition, civil arguments between the members of the same religious sects are often de- termined in the religious courts. There is minimal review of religious courts' decisions by the Supreme Court, but there may be a review as to whether or not such courts are abiding by their own regulations. It is most intriguing that the religious law of Israel is not based on Jewish law. The reason is that the Or- thodox Jewish groups were offended that any civil authority could undertake to enforce law and interpret it. There is a three-tier sys- tem of magistrates, district judges and Supreme Court judges. All are selected by a nine-member committee. There is a minimum period of time where the judges must have practiced law (generally 10 years) to qual- ify for appointment and the decision of the Committee must usually be unanim- ous, at least with regards to appointments on the Sup- reme Court, and most al- ways with regard to ap- pointments on the District and Magistrate Courts. The Supreme Court now has nine of its 12 consti- tuted members, there being a disagreement concerning the appointment of the re- placement judges. The ap- pointing committee is made up of two Supreme Court judges, one District Court judge, two members selected by the Bar Associa- tion and four public offi- cials, generally including the Attorney General. All of the members of the commit- tee are lawyers, although the civil officials are not re- quired to be lawyers. The Israeli Supreme Court is now constituted entirely of individuals who have received their legal training in Israel. Prev- .a 0. ...I a. d .• . iously, legal training hdd been received at such places as Oxford, Cambridge, the University of Chicago, or on the Continent. Many of the new judges, of which there has been a complete turn- over in the past five years, have studied overseas. Testimony at District Court trials is not taken down verbatim. The judges make summaries of the facts, and those summaries are the matters that are taken up on appeal to the Supreme Court. A similar operation exists in the Magistrate's Courts. All judges in Israel are required, during the time that they are serving, to wear a black suit, white shirt and black tie and black shoes. They also wear robes when they are sitting, but even when they are dining during the working day the prescribed uniform applies. The Supreme Court. sits in a building which used to be a Russian Orthodox Monastery used by the British as its central court, which is in the Russian compound in Jerusalem. The exterior of the building is marked with bullet holes inflicted both during the time of the occupation of the British and during the war of 1948. Israel's Knesset is now working on a written constitution for the country. The Supreme Court is ex- traordinarily ill-suited for its job, having a far less im- pressive appearance than most inferior courts in the U.S. It is interesting to note, however, that Justices of the Israel Supreme Court receive double the pay of the cabinet members in the government. Each Justice is assigned two law clerks who are re- cent graduates of the law school at Tel Aviv Univer- sity. The law students must complete a four-year course after completion of their service in the military and then two years as clerks prior to being admitted to practice. No attorney can be admit- ted to practice before any of the religious courts unless they are a member of that religous sect. * * * Judge Bronson is a dis- trict judge in Washtenaw County. He is a graduate of Detroit Central High School and both the University of Michigan and Wayne State University law schools. Unemployment Tel Aviv (ZINS) - The Is- raeli economic journal Asakim has editorialized that it expects Israeli un- employment to rise because of the government's eco- nomic policies. The magazine said that it did not expect the rate to be too severe.