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Lawyers seek changes to judiciary
By Saud Al-Harthi, Khalid Al-Shallahi and Fahd Al-Riya'iy
Published in The Saudi Gazette on 21 - 02 - 2009

Lawyers and legal consultants have tabled several demands to the newly-appointed Minister of Justice, Muhammad Al-Issa and Ibrahim Al-Huqail, the new President of the Board of Grievances, foremost among them the establishment of an independent lawyers' commission, the right to attend court sessions, the establishment of specialist courts to cut through bureaucracy and the right of women to practice law.
Ahmad Bin Jam'an Al-Malki, a legal consultant, said lawyers have also called for more judges, administrative employees to execute regulations competently, an increase in financial and training incentives for Ministry of Justice employees, and administrative courts to enable lawyers to keep up with the issuing of new regulations.
Al-Malki said that some judicial committees should be immediately annulled and their jurisdiction passed to the general and administrative courts, and that he would like to see the full enforcement of the advocacy law in some government bodies that refuse to implement it wholly or in part.
Court for marriage
contracts
Muhammad Al-Barakati, a lawyer and legal consultant, said there was an urgent need for more judges and that a marriage contracts court and specialist courts were required. Al-Barakati wants to see courts housed in modern buildings constructed for the purpose instead of the rented locations currently used in various regions.
Electronic court
Lawyer Muhammad Bin Ahmad Al-Sa'eed wants to see the electronic court up and running to become the cornerstone of e-governance development. He said the court would help speed up court processes and facilitate judicial transactions, real estate title deeds and letters of attorney.
“This will save a lot of time and effort and reduce crowding in courts while also cutting financial costs in the long run,” Al-Sa'eed said. “It will also unify and simplify work procedures, leading to higher productivity and interaction with other government agencies.”
Changing conventional methods
Saud Bin Awwad Al-Hujaili, a member of the Arab Lawyers' Federation, lawyer, and legal consultant in Madina, said the conventional method of trials needed to be changed to allow the public to attend. “We need to install screens in courts so people can follow trials that are of interest to the public. We also need to educate people in court proceedings,” he said.
Taher Al-Blushi, a lawyer, said the regulations for penal measures and Shariah court proceedings must be enforced, along with the roles of the executive judge and the lawyer. Al-Blushi said the method by which the judiciary deals with lawyers needs to be changed so that a lawyer is allowed to be present at interrogation sessions, especially in cases involving prisoners and crimes. He said the appointment of voluntary lawyers in branches of the administrative and general courts should be permitted so they can represent people who cannot afford a lawyer. This should be done, he said, through coordination between the lawyer and the court.
Case pending 27 years
Hasan Mansour Al-Hazmi, a lawyer, lamented the lack of punctuality displayed by some judges. “They must be made to abide by government office hours,” he said. “Some of them arrive at court at 10.30 AM – three hours after the beginning of duty.”
“Litigants must be informed if the judge is absent,” he continued. “Some of them come from far off places only to find that the judge hasn't turned up.” Al-Hazmi also wants to see intervals between court sessions greatly shortened, citing a case of his that has been pending for 27 years.
New blood
Dr. Hadi Bin Ali Al-Yami, a member of the Human Rights Commission and the National Committee for Lawyers, said an introduction of new blood with legal experience would have a significant effect in improving the judiciary across the board.
Obeid Bin Ahmad Al-Ayyaf, a lawyer, said greater urgency was required in establishing the specialist courts that the King ordered two years ago. Al-Ayyaf also called for the creation of the Lawyers' Commission to help keep apace with legal developments in the Kingdom. “We also need to hold workshops,” Al-Ayyaf added, “to find solutions to the sluggish court procedures.”
Electronic systems
Legal consultant Dhafer Al-Shihri hoped to see a modernization of the courts and electronic systems in place so lawyers and legal consultants can follow cases from afar. “This would pave the way for electronic courts which would allow lawyers to attend sessions in the north of the Kingdom while sitting in their offices in the south. This is a common practice in many advanced countries,” he said.
The female element
Dr. Adnan Bin Muhammad Fairouzi, lawyer and legal consultant, said verification commissions for specialist departments and a greater number of Board of Grievances branches around the Kingdom would speed up work in the primary courts and reduce the pressure on judges in the general court, particularly in finalizing marriage and divorce contracts and marital dispute cases.
Fairouzi went on to say that female clerks should be appointed to help the second notary public verify the identity of women litigants. “This would save women a lot of trouble searching for males to confirm their identity to the notary public and also address the number of forgeries and false identities,” he said.
“Women should be included in the Experts Commission in courts,” he continued, “so they can study civil status cases referred to the commission and examine case details with the members and make recommendations.”
“Women should be allowed to practice law in the Kingdom,” Fairouzi said.
A greater variety of expertise and willingness to consult and share knowledge was, key, Fairouzi said.
“The work of the Experts Commission in the general courts could be improved with a greater diversity in its members' fields of expertise. In addition, if the Experts Commission cannot deal with a case, it should be delegated to other specialists, similar to the system used by the Board of Grievances and the Jeddah Governorate Court.


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