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High Court of Justice Rejects Government’s Demand to Initiate Contempt of Court Proceedings Against the Attorney General

The High Court of Justice refused to consider, within the framework of the previous petitions, the government’s request against Attorney General Gali Baharav-Miara. The dispute arose after the process of appointing a permanent director general of the Israel Land Authority was frozen during the election period.

Key facts

  • •Decision on the request: October 13, 2026
  • •Court: High Court of Justice
  • •Justices on the previous panel: Yael Willner, Ofer Grosskopf and Khaled Kabub
  • •Deadline for Eliyahu’s temporary tenure: July 22, 2026
  • •The case number is not stated in the source provided
  • •No monetary sums or applicable statute were specified

How the Dispute Arose

Earlier, the High Court of Justice approved an arrangement agreed upon by the parties to the petitions against the appointment of Yehuda Eliyahu as director general of the Israel Land Authority. Justices Yael Willner, Ofer Grosskopf and Khaled Kabub annulled the search committee’s recommendation and Eliyahu’s temporary appointment because of his close ties to Finance Minister Bezalel Smotrich. Two committee members were also replaced because of conflicts of interest.

Why the Appointment Was Postponed

After the decision was issued, the political system entered an election period, during which state authorities must exercise restraint in personnel appointments. The legal adviser to the Ministry of Construction and Housing, attorney Efrat Prokatchia, concluded that there were no grounds to depart from these rules. She determined that a new search committee should be established after the next government is formed and that, until then, the authority would be managed by an acting director general.

What the Government Demanded

The government, through private attorneys, argued that the attorney general was purportedly preventing implementation of the court’s decision and requested the initiation of contempt of court proceedings. In its view, the previous decision was intended to bring about a permanent appointment as soon as possible to ensure continuity in the work of the Israel Land Authority. However, that decision did not include a binding directive regarding the timetable or the method for selecting a permanent director general.

Why the High Court of Justice Rejected the Request

On October 13, 2026, the justices rejected the request. They clarified that the question of continuing the appointment process during the election period had not been considered in the previous decision, and therefore the previous petitions were not the appropriate framework for deciding the new dispute. According to the source, the government may attempt to raise the issue in a new and separate petition.

What Remained Unimplemented

The July decision permitted Eliyahu to continue serving as acting director general for only one additional week—until July 22, 2026—even if no replacement had been appointed by then. A Zman.co.il report claimed that Eliyahu continued to perform the role contrary to this directive. The full text of the official decision was not included in the material provided.

What this means for you

The rejection does not mean that all appointments are absolutely prohibited during an election period: the urgency of the position and established exceptions are considered. It clarifies that contempt of court proceedings cannot be used to enforce requirements that were not included in the original decision. The new dispute over the legality of the appointment process must be considered separately.

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