I Establishment and Organization The Commission on International Rules of Judicial Procedure was established by the Act of September 2, 1958 (Public Law 85-906). The Commission is charged with the investigation and study of existing practices of judicial assistance and cooperation between the United States and foreign countries. The term "judicial assistance" is defined as the "procedures necessary or incidental to the conduct of litigation . . in State and Federal courts and quasi-judicial agencies which involve the performance of acts in foreign territory, such as the service of judicial documents, the obtaining of evidence and the proof of foreign law, . . and the procedures of our State and Federal tribunals for the rendering of assistance to foreign courts and quasi-judicial agencies...". Among the possibilities for improving existing procedures which the Commission is to study are the drafting of international procedural agreements, the drafting and recommending to the President of legislation such as revisions of the United States Judicial Code, and Criminal Code, the Federal Rules of Civil and Criminal Procedure, and the drafting and recommending of corresponding state legislation and rules of court which it may find advisable for the improvement of practice in international litigation. The standard prescribed by the Congress is that these transnational procedures "may be more readily ascertainable, efficient, economical and expeditious. " The Commission consists of nine members: three public members --practicing lawyers--, two officials of State governments appointed by the President, two representatives of the Department of Justice appointed by the Attorney General, and two representatives of the Department of State appointed by the Secretary of State. The members of the Commission choose their Chairman, a Director who serves as reporter, and an Advisory Committee of fifteen members. The Advisory Committee is selected from "lawyers, judges of Federal and State courts, and other persons competent to provide advice for the Commission. " The Director supervises the staff and, as reporter, plans and directs research. On December 30, 1958, the President announced the appointment of the members of the Commission as follows: Public members appointed by the President: Herbert Brownell, formerly Attorney General of the United States Lord, Day & Lord Henry F. Holland, formerly Assistant Secretary of State for Inter American Affairs Roberts & Holland, New York, N. Y. Charles S. Rhyne, formerly President of the American Bar Association Washington, D. C. Officials of State governments appointed by the President: Charles D. Breitel, Associate Justice, Appellate Division of the New New York, N. Y. Phil S. Gibson, Chief Justice of the Supreme Court of California San Francisco, Calif. Representatives of the Department of State appointed by the Secretary of State: Loftus Becker The Legal Adviser John W. Hanes, Jr. Administrator of Security and Consular Affairs Representatives of the Department of Justice appointed by the Attorney General: J. Lee Rankin The Solicitor General Malcolm R. Wilkey Assistant Attorney General in charge of the Office The Commission held its first meeting on January 30, 1959. Herbert Brownell was elected Chairman, and Malcolm R. Wilkey was chosen as Secretary of the Commission. Harry LeRoy Jones was appointed Director. Mr. Jones was then Chief Hearing Examiner for the Office of Alien Property, Department of Justice. |