Israel’s Legal System Struggles with Congestion and Lack of Judges
The legal system in Israel is currently facing one of its biggest challenges – a severe congestion in the courts. Criminal proceedings often take years to resolve, causing delays and frustration for both defendants and victims. A recently conducted study by the judiciary in 2021 revealed that the system lacks between 100 and 200 judges, exacerbating the problem.
As of 2023, Israel has only 799 judges, dealing with approximately 440 thousand cases. This puts immense pressure on the judges and results in a backlog of cases. In comparison, Europe has an average of 21.4 judges per 100 thousand people, while Israel has only 8.5 judges. The overload on judges has led to some of them having to work on vacation, sabbatical, and even sick days. A staggering 77% of judges reported that their workload was disproportionate.
The government acknowledges the issue and is pushing for dramatic changes in the judicial system, including the selection process for judges. However, the committee responsible for this has not been convened since April of last year. This has resulted in a shortage of judges, with 16 positions currently vacant and an expected 26 retirements by the end of 2023.
Judge Michael Spitzer, the director of the courts, believes that increasing the number of judges to a thousand would alleviate the workload. However, the lack of judges is not the sole reason for the lengthy court proceedings in Israel. The volume of materials in each case has significantly increased, accompanied by a surge in the number of witnesses. Additionally, the system is burdened with large and important cases, preventing judges from handling any other matters. Furthermore, a culture of postponing hearings and reliance on additional systems that contribute to delays further hampers the efficiency of the courts.
The consequences of this congestion are profound. Hearings are scheduled a year in advance, trials drag on for several years, and judges face great pressure to resolve cases through mediation, plea bargaining, and compromise. In the labor court system, which represents 15% of the existing standard, 11 judges are currently missing. Many judges opt for early retirement due to the overwhelming workload.
The president of the Haifa District Magistrate’s Courts, Judge Shelly Eisenberg, shares the challenges faced in her court. With 30,000 traffic cases opened in the last year alone, the traffic court is overwhelmed. However, she remains determined to manage the load and views exceeding the previous year’s case count as an achievement.
The Tel Aviv district, Israel’s largest, also deals with routine congestion. A judge in the Magistrate’s Courts in the Tel Aviv District, Judge Tzachi Uziel, highlights the strain of dealing with approximately 100 new tasks per day. He emphasizes that appointing more judges would significantly ease the burden, reducing the number of cases per judge and waiting times.
In addition to the lack of judges, the length of trials is another concern. Some cases last for several years, while decisions on appeals by the Supreme Court can take two years or more. The growing number of documents involved in each case poses a significant challenge, further contributing to the delay. The judiciary also faces “mega cases” where there are numerous defendants and witnesses, requiring three judges to be assigned from other cases.
The legal system in Israel is in desperate need of reform to address these challenges. Increasing the number of judges, streamlining the selection process, and addressing the culture of postponing hearings are crucial steps towards a more efficient and effective judicial system. Without prompt action, the congestion in the courts will continue to hinder justice in Israel.