Procedure for Review of Request

Procedure for review of request

  1. CML legal staff and the League’s Amicus Committee will review the amicus request and attached materials. Staff and the committee may solicit advice from attorneys with expertise in the particular area or areas of law addressed in the appeal, as necessary or useful to assist in their analysis. Committee members are also free to consult directly with the applicant. Applicants, on the other hand, are encouraged to make their case for League involvement in their letters, and refrain from additional lobbying of committee members.  
  2. Staff and the Amicus Committee may discuss an amicus request through whatever means are convenient (ordinarily discussion occurs via conference call). Staff will make a recommendation to the committee as a starting point for committee discussion.
  3. CML staff or the committee may suggest that a request be resubmitted at another time. For example, it might suggested to a municipality that its request for League participation be resubmitted after the Court of Appeals has reached its decision, or after the Supreme Court has ruled on a pending cert petition, thus more precisely defining the issues on appeal.
  4. The recommendation from the Amicus Committee will be submitted to the CML Executive Board. The Committee may recommend whether to participate in the appeal, or not, and may also recommend the manner of League participation (e.g., preparation of the League’s brief by outside counsel).
  5. A member of the committee whose firm or client is requesting CML amicus participation may not vote on the committee’s recommendation to the board. The board is not bound by the committee’s recommendation. The board will authorize League participation as amicus curiae in any appeal in which the League participates.
  6. Those involved in appellate litigation generally have plenty of time to avoid last minute requests for amicus participation to the League. Consequently, the CML Executive Board ordinarily has an opportunity to consider a request before a filing deadline arrives. Nonetheless, late requests do occur. Staff may proceed with preparation of a brief (or cooperate with others in the preparation of a brief) should the briefing schedule so require, prior to board consideration of a request, upon a recommendation to do so from the Amicus Committee, and with the consent of the executive director.