How "Ayelet Metayelet" reached the Ombudsman for Judges
A plaintiff was offended after a judge cited the children's book "Ayelet Metayelet" in his ruling to illustrate the harms of evidentiary overload. She complained to the Ombudsman for Judges, Uri Kola, who dismissed the complaint, ruling that the balance between judicial free speech and the dignity of litigants was not crossed. The article reviews additional cases of literary citations in rulings, including Judge Amiram Sharon's fable "The Fox and the Marmot," and the unique style of Judge Mishael Cheshin, while discussing judicial free speech and its limits.
A plaintiff was offended after a judge cited the children's book "Ayelet Metayelet" (written and illustrated by Rinat Hofer) in his ruling to illustrate the harms of evidentiary overload. The judge compared the events in the book to the management of the lawsuit, quoting: "The prosecution dropped itself from its gun, written as the famous children's story 'Ayelet Metayelet,' when 'along the way' it sought to add 'a fainting giraffe on the nose, a tired turtle on the shoulder, a mischievous puppy on the back, a runny snail on the sandal, a bird in a cypress on the head, and a round beetle in the dress pocket.'" The plaintiff quickly complained to the Ombudsman for Judges, Uri Kola, who dismissed the complaint. Kola ruled that the balance between judicial free speech and the dignity of litigants was not crossed, and that the case reflects a clash of subjective experiences. The article reviews additional cases: in 1998, Judge Amiram Sharon acquitted Haifa Mayor Aryeh Goral of bribery but attacked witness Gad Tserinsky, citing Ivan Krylov's fable "The Fox and the Marmot," writing "there are feathers on his face." Tserinsky appealed to the Supreme Court, but the majority rejected his request. Also reviewed is the unique style of Judge Mishael Cheshin, who wrote almost a "personal diary" with deliberations and musings. The article discusses judicial free speech, quoting Prof. Menachem Mautner on the shift from proof-based to persuasion-based reasoning, and Dr. Shulamit Almog who opposes restrictions on writing rulings. Supreme Court President Yitzhak Amit and President Esther Hayut are also cited as lovers of poetry and literature in their rulings.