In a significant decision, the Commissioner for Complaints against Judges, retired judge Asher Cohein, found complaints against a sitting judge regarding her conduct in a WhatsApp forum of the Israel Women's Lobby to be justified. As reported by NWS, the forum includes over 500 participants, a fact the Commissioner determined disqualifies it as a 'private space' where a judge can act without the standard requirements of restraint and moderation. The decision noted that the judge is a member of a forum that deals with controversial public issues and even initiates legal actions, which is inconsistent with the duties of restraint imposed on judicial officeholders.
The case raises a fundamental issue regarding the need for judges to maintain the appearance of justice and public trust in their neutrality, even outside the courtroom. According to the Commissioner, using this forum for statements that could be interpreted as incitement to action could present the judge as being a partner in controversial processes. Additionally, a claim was raised that the judge recommended a lawyer in the forum who appears in her courtroom, describing him as the best. Although the judge clarified that it was a technical error and that she has no personal or business connection to that lawyer, it was determined that such a public recommendation is improper and may create an appearance of favoritism.
Nevertheless, the Commissioner found no justification for a disciplinary proceeding or the termination of her tenure, but instructed that her attention be drawn to the requirements expected of her and recommended that she sever her connection to the forum. This case highlights the complexities of the social media era, where judicial conduct is under public scrutiny. Against this backdrop, the Commissioner recommended that the Courts Administration formulate clear and binding rules to regulate the activity of judges on social media and online forums to maintain the dignity of the system and the appearance of impartiality.