David K. Rees

I did not make aliyah for this

Fellow protester, Ya’acov Goldgraber (with permission).

A recent newspaper article reminded me that one of the issues in next week’s election will be the independence of the judiciary, an issue which, given my background, will always be of the upmost importance to me. For over 30 years I was a lawyer in the United States. A significant part of my practice involved protecting people’s rights, including women’s rights. Over and over again, I went into American courts opposing some government entity which had deprived someone of their civil rights. I even argued one civil rights case in the United States Supreme Court. For four years of hard work, my total fee was something like $500. You don’t get rich doing civil rights cases, but I have never been happier as a lawyer then the moment the jury returned the verdict in that case in our favor.

When I made Aliyah to Israel, I knew that I was coming to a country that prided itself on being a democracy. It never even crossed my mind that I was coming to a country that did not have an independent judiciary, something that is so basic in the United States. Then I found out that I had moved to a country that did not have one.

Even more amazing to me, here it was a political issue. Before the last election, I participated in protest after protest on this issue. Some of those protests attracted over 200,000 people in Tel Aviv alone. At one of those rallies I saw a woman carrying the sign pictured above. I could identify with that feeling. I did not make Aliyah for this either. Those protests only ended in 2023, when Israel’s most recent war with Hamas in Gaza began.

I realize that there are many issues that divide the various parties and the people who will vote in the upcoming election. An independent judiciary is only one of them. Still for me, the issue says a lot about what sort of country caused me proudly to make Aliyah in the first place, and in what sort of country I will live for the rest of my life.

About the Author
Before making Aliyah from the United States, I spent over three decades as a lawyer in the United States. My practice involved handling many civil rights cases, including women's- rights cases, in State and Federal courts. I handled numerous constitutional cases for the ACLU and argued one civil rights case in the United States Supreme Court. I chaired the Colorado Supreme Court's Committee on the Rules of Criminal Procedure and served on the Colorado Supreme Court's Civil Rules and Rules of Evidence Committees. Since much of my practice involved the public interest, I became interested in environmental law and worked closely with environmental organizations, including the Environmental Defense Fund (EDF). I was on the Rocky Mountain Board of EDF. I received an award from the Nebraska Sierra Club as a result of winning a huge environmental case that was referred to me by EDF. I also developed significant knowledge of hazardous and radioactive waste disposal. I was involved in a number of law suits concerning waste disposal, including a highly-political one in the United States Supreme Court which involved the disposal of nuclear waste. As I child I was told by my mother, a German, Jewish refugee who fled Nazi Germany, that Israel was a place for her and her child. When I first visited Israel many years later, I understood what she meant. My feeling of belonging in Israel caused me to make Aliyah and Israel my home. Though I am retired now, I have continued my interest in activism and the world in which I find myself.
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