Knesset Advances Bill to Split the Attorney General’s Role in First Reading

The Knesset plenum approved overnight (between Monday and Tuesday) in a first reading the bill to split the role of the attorney general. The proposal passed with 64 Knesset members voting in favor and 47 opposed, and will now return to discussions in the Constitution, Law and Justice Committee in preparation for its second and third readings.

The bill seeks to make a fundamental change to the structure of the attorney general’s institution, as it has operated since the establishment of the state. Under the approved proposal, the powers of legal counsel to the government and criminal prosecution would be separated and assigned to two different officeholders, with the goal of creating a clear division between legal advising and criminal enforcement.

Under the new model, the attorney general would be appointed directly by the government, following a joint recommendation by the prime minister and the justice minister. The term would run alongside the term of the government that appointed the attorney general, who would be responsible for legal counsel to the government and for representing the state in civil and administrative matters. In addition, the bill states that in certain circumstances the government could declare that the attorney general’s legal opinion is not binding and does not reflect the law.

At the same time, a separate position of chief prosecutor would be created. That official would head the criminal enforcement system and independently manage all matters related to investigations and prosecutions. Under the proposal, the chief prosecutor would be appointed to a fixed six-year term from a list of candidates put together by a professional committee.

The bill also includes new mechanisms for opening investigations and filing indictments against senior public officials. Under the proposal, those steps would require prior approval from a district court as well as from a designated senior officials committee.

The path to approving the proposal was marked by a series of sharp clashes in the Constitution Committee and in the Knesset plenum. Opposition lawmakers strongly attacked the legislative process and argued that it was a move meant to harm the independence of the judicial system and its gatekeepers. During one of the debates, MK Gilad Kariv accused Constitution Committee chair MK Simcha Rothman of pursuing a “campaign of revenge” and “rushed legislation.”

On the other side, Constitution Committee chair Simcha Rothman rejected the claims against the bill and said its purpose is to clearly, transparently, and democratically regulate the division of powers in the judicial system. According to him, after 37 committee discussions, a draft was formulated that reflects the decisions needed to reduce the concentration of power currently held by the attorney general.

Rothman argued that Israel’s current legal reality creates an unusual situation in which many powers are concentrated in the hands of a single figure who is not an elected official. He said the bill is intended to prevent a situation in which “an unelected official holds unlimited power מול the elected government,” and to lead to a more balanced distribution of authority between the branches of government and law enforcement.