A HISTORY OF THE CIVIL JUSTICE
The following is a brief chronology of the Egyptian legal exchange
including dates, scope, locations and relevant personnel, and most importantly, the
January 1992 - A two-week introductory program conducted at the National
Center for Judicial Studies in Cairo and at Alexandria University, Faculty of Law.
The program included criminal jury trials, civil non-jury trials, an appellate
argument and many lectures on the U.S. legal processes. Every demonstration
and lecture was followed by public commentary (government and non-government attendees).
There was some preliminary discussion about the reform
of the civil justice process.
The American Legal Delegation during the January 1992 program
included Chief Judge Matthew Byrne of the California Central District Federal
Court (the largest district court in the United States), Circuit Judge Pamela Rymer
of the United States Ninth Circuit Court of Appeals, Federal Judge Fern Smith of
the Northern California District, and Attorneys Doug Young, Robert Goodin,
John Keker and Stephen Mayo.
November 1992 - Four days of meetings with the Minister of Justice, the
of the Parliament, the president and administrative council of the Bar Association
and with the Cairo University Dean and law faculty. Each expressed
considerable interest in the study. The Minister of Justice asked ISDLS to
conduct a study of both the civil and criminal justice processes in order to
recommend improvements to the processes.
The American Legal Delegation during the November 1992 program
included Chief Justice Malcolm Lucas of the California Supreme Court (the
largest court system in the world), Chief Judge Matthew Byrne and Attorney
February 1993 - A two-week assessment of the practical operation and problems
of the civil justice processes. Through interviews and meetings, we gathered
some critical information which required more study of the problems.
American Legal Delegates involved in the assessment included Judge
Winslow Christian (retired Justice from the California Court of Appeals and
previous Executive Director of the National Center for State Courts), Judge
Richard Byrne (retired Judge of the Los Angeles Superior Court and currently
practicing private judging for out-of-court disputes) and Attorney Regan Ralph.
April 1993 - A two and one-half week program of trials, commentary and
meetings to examine more of the Egyptian processes. Programs were presented
at the Bar Association, Cairo University, Alexandria University and at the
U.S.I.S. office. It produced the recommendation for the scope of the seminar
which followed in November 1993.
American Legal Delegates involved in this program were Chief Judge
Henderson of the Northern California Federal Court, Federal Judge Wallace
Tashima of the California Central District, Justice Edward Panelli (retired
California Supreme Court Justice and leading private mediator in the state of
California), Judge Nora Manella, and Attorneys Pamela Phillips, Mary Reilly,
Alexander Brainerd, Howard Allen, Michael Lightfoot, William Hake, Stephen
Mayo and Hiram Chodosh.
November 1993 - The seminars presented early neutral evaluation, case
management, mediation, judicial settlement, arbitration and summary judgment.
They were presented by (1) authoritative paper, (2) lectures, (3) demonstration,
and (4) public and private commentary. During the course of the seminars, the
Ministry of Justice organized a senior and a junior legal study group (the working
group which is presently known as the Legal Study Group) responsible for the
Egyptian participation in and review of the project. It was presented at
Alexandria University first and then at the National Center for Judicial Studies in
American Legal Delegates involved in this seminar series included
Federal Judge Lourdes Baird, Los Angeles and Attorneys Edward Davis, Jack
Quinn, Mary Jo Shartsis, Stephen Taylor, Robert Goodin, Doug Young, Stephen
Mayo and Hiram Chodosh.
December 1993-March 1994 - The American Legal Delegates and the Egyptian
Legal Study Group wrote independent reports during these months on the
recommendations for legal reform.
April 1994/August 1994 - International Visitor's ("IV") programs provided a
continued dialogue on the focus of the legal study. The discussions during those
visits determined that it would focus on early neutral evaluation, case
management, mediation and judicial settlement.
Egyptian legal opinion leaders participating in the IV programs included
Justice Abdel Wahid, Justice Naguib. Justice Ibrahim Zagho, Dr. Essan
Mohammed, Justice Mokbel Shaker, Justice Mare, Justice Rashed and Justice
Amrallah. During the IV programs, virtually all members of the 52 person
American Legal Delegation met with the Egyptian legal opinion leaders.
September/October 1994 - A four-week visit to San Francisco to further study
operation of the judicial streamlining functions and alternative dispute resolution
mechanisms, and most importantly, to determine their adaptability into the
Egyptian civil justice process. Each day, the Egyptian Legal Study Group viewed
these functions and mechanisms in practice, had debriefing sessions every two
days and a week-ending debriefing sessions with the entire American Legal
Delegation. ISDLS drafted the final report according to the study by the Egyptian
Legal Study Group. The report was finalized in January 1995.
The Egyptian Legal Study Group members participating in the
September/October program visit were Judge Omar Hafeez, Judge Hani Hanna,
Judge Nabel Sadek, Judge Yehia Khashaba and Judge Khaled Korraa.
January 1995 - Meeting at the Ministry of Justice on the future steps of the
July 1995 - Meetings with Egyptian Legal Study Group to determine steps
necessary to prepare the Conference held in early January.
October 1995 - Meetings with Egyptian Legal Study Group to prepare case
file and demonstrations for Conference.
January 1995 - The Conference, as described in the body of this Report.