Analysis: Judicial Ombudsman Exceeded His Authority in Pending Radio Case

The dispute before the High Court

The pending petitions challenge an expansion of the broadcast areas of regional radio stations. They initially concerned a decision by the Frequencies Committee, but their scope widened after Karhi sought to expand those areas under a different statutory provision, and he was then joined to the proceedings. In May, the High Court issued an order nisi and an interim order freezing the expansion.

Karhi’s complaint

Karhi complained that the interim order restricted his authority before he had been joined to the petitions and given an opportunity to present his position. Kula sided with the complaint against Supreme Court President Yitzhak Amit and Justices Alex Stein and Gila Canfy-Steinitz, finding that Karhi’s right to be heard had been impaired. However, Kula’s 27-page decision also stated that Karhi ultimately suffered no harm because his position was heard on its merits, although belatedly.

Why the commentary says Kula overreached

Author Yuval Yoaz argues that the ombudsman may review judicial conduct but should not examine the substance of judicial decisions, which belongs to the appellate process. He says Kula crossed that line by reviewing decisions in an unresolved case and requesting real-time explanations from the judges. The commentary also notes that courts may issue interim orders without first hearing every party and that the Attorney General determines the state’s legal position, while the State Attorney’s Office had participated from the outset.

A separate institutional challenge

The source also reports that a separate petition is pending against the amendment to the law governing the ombudsman, which enabled the coalition to appoint Kula. According to the commentary, President Amit previously determined that Kula’s appointment itself was already a completed fact regardless of the result of that petition. The source does not provide case numbers or a final judgment in either pending proceeding.

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