Personal Reflections: New Orleans Lawyer Visits Israeli Supreme Court

By Madro Bandaries

In December 2013, New Orleans attorney Madro Bandaries, right, experienced a session of the Israeli Supreme Court and visited personally with Justice Elyakim Rubinstein, left, in his chambers. Photo provided by Madro Bandaries.

n the middle of a rare snow storm in Jerusalem in December 2013, New Orleans attorney Madro Bandaries had the op- portunity to experience a session of the Israeli Supreme Court and to visit personally with Justice Elyakim Rubinstein in his chambers.I Here’s a first-person account of his experiences and his insights into the Israeli justice system.

416 April / May 2014 Background ence in 1991 and the Oslo negotiations of tigious Massachusetts university, and, I have had a relationship with 1993 and was chair of the Israeli delegation with her, attended a session of the Court since the late 1970s and was pleased to that concluded peace talks with in engaged in oral argument. Attorneys in Is- be invited to visit friends in the Foreign 1994, resulting in the current Peace Treaty rael appear in black robes, as found in the Ministry in December 2013. My Israeli with Jordan. He is the author of numerous English system, but no wigs. I found the friend and his wife are both lawyers, se- books on Israeli political and legal subjects argument particularly stimulating as the nior members of the Israeli Foreign Minis- and has served on panels at the Court that three-judge panel had a very active debate try and former students of Justice Elyakim have enlarged Israeli civil rights issues. He with counsel on both sides. The members (Eli) Rubinstein. The Israeli government also served as a “district judge” in Jerusalem of the panel constantly raised questions service community is very small, so ev- from 1995-97, a position similar to Louisi- and concepts, making their interaction eryone tends to know each other. ana’s district courts. with counsel more of a debate. I knew Prime Minister Justice Rubinstein noted that the Court The Israeli Supreme Court Complex is (who died in January 2014) when he was relies many times on U.S. law and this new, well planned for legal use, and has Defense Minister in 1982. I also hold Mas- was confirmed when I saw the law library more than one active courtroom so that ter Israel Jump Wings and was invited to which consisted of substantial English ju- two or three panels can consider a matter jump with Israeli Army Chief of Staff Ra- risprudence, especially WestLaw Federal at the same time. fael Eitan on his last day in office. Reporting volumes. A Louisiana lawyer would not feel out of place in this law li- Final Thoughts Israeli Supreme Court and brary. On returning to Justice Rubinstein’s Justice System chambers, I expressed an interest in bring- The Israeli Supreme Court has 15 jus- Court Experience ing other Louisiana lawyers to see the sys- tices appointed by a Judicial Selection I was invited to visit Judge Rubinstein tem at work. We both agreed this would Committee. On appointment, justices in his chambers at the Israeli Supreme be a great opportunity to share judicial have life tenure unless they resign or re- Court Complex and then attend oral argu- concepts. As all members of the Court and tire at the age of 70. The longest serving ments on a matter in the Primary Court- staff spoke fluent English — not unusual member is designated as the Chief Justice. room. since a large number had been educated Similar to the U.S. system, the Israeli Justice Rubinstein met me in his cham- in the — language issues Supreme Court considers criminal and bers and immediately apologized for his would not be a burden. civil disputes on appeal as well as appeals desk, cluttered with transcripts and briefs. I am a member of the U.S. Supreme of judicial decisions regarding (the He joked that he had put them there to ap- Court Bar Association. To witness the Su- elected parliament) elections and disciplin- pear busy. Regardless, the Israeli Supreme preme Court of another country was very ary rulings of the Israeli Bar Association. Court may have, per capita, the largest interesting. I was most impressed with Israel has no formal Constitution, even Supreme Court docket there is when com- their similarity, yet amazed at the debate though its Declaration of Independence calls pared to similar Supreme Courts. mode as seen in oral argument. But then, for one. The Knesset and the Court have Justice Rubinstein spoke as to the this was only one panel and perhaps not created what are referred to as the “Basic Court’s very large docket and that it gen- indicative of other members of the Court. Laws of Israel” which have evolved to erally worked in three-judge panels. In It is my hope that Louisiana will send a provide many “rights” which appear to be particular, he was concerned with a case delegation of lawyers and judges to Israel plucked from the U.S. Constitution. Inter- before it involving child custody in regards in 2014 to further interact with the Israeli estingly, the Court has broad discretionary to deceased parents, with the child adopted justice system. authority to rule on matters in which the by non-related foster parents and with a Madro Bandaries, an attorney with Madro Ban- Court considers it necessary to grant relief distant relative now coming forward and seeking custody of the child after two years. daries, P.L.C., in New Orleans, is president of Louisi- in the interest of justice. These matters do ana Educational Services, Inc., which provides class- not have to be within the jurisdiction of Similar to a U.S. case of a few months ago, es on insurance and bonding throughout the state. He another court or tribunal. the matter in Israel was an issue of “first earned three BA degrees (history, anthropology and impression.” Thus, the Court would, as in law enforcement) from Louisiana State University, a the United States, be making law. master’s in criminal justice management degree from Northeastern University (Louisiana) and his JD de- Justice Rubinstein While not having any class actions on Justice Rubinstein has a long and distin- gree from Southern University Law Center. He also his immediate docket, Justice Rubinstein holds an Executive Certificate in Counter-Terrorism guished career in Israeli service, serving as and I spoke of class action procedure, with Studies from the International Institute for Counter- Attorney General of Israel from 1997-2004, Terrorism Interdisciplinary Center in Herzliya, Is- the Justice having a dim view of the pro- followed by his appointment to the Supreme rael. He is a member of the American, New Orleans, cedure but admitting that the concept was Court in May 2004. He has been a lawyer Fifth Federal Circuit and U.S. Supreme Court bar not well developed in Israel. associations and the Association of Trial Lawyers of since 1974 and has extensive experience I was then introduced to Justice Ru- America. (P.O. Box 56458, New Orleans, LA 70156) with the United States as a diplomat. He binstein’s law clerk, a graduate of a pres- participated in the Madrid Peace Confer-

Louisiana Bar Journal Vol. 61, No. 6 417