Introduction: The League's Appellate Role
Many cases reaching Colorado (or federal) appellate courts have the potential to impact at least some Colorado municipalities. The League has sought to limit its appearances before the appellate courts to cases of particular legal significance to a broad range of Colorado municipalities.
The League’s disposition to be selective about the appeals in which it participates reflects several considerations. For one thing, we have always assumed that, if CML began to appear routinely, we would diminish the significance of our amicus participation. Additionally, our legal staff has a variety of legislative and member service obligations, apart from writing amicus briefs.
League legal staff, who act as advocates before the General Assembly, are regularly involved in creating or preventing the creation of law that has a broad and very direct impact our member municipalities. Thus, an important consideration affecting the League’s decision to focus its legal staff on preparation of an amicus brief is whether this effort could detract from important legislative work of League legal staff.
Municipal members participating in court cases can request that CML file briefs on their behalf (read the procedure for requesting CML participation). The CML Amicus Committee reviews the requests and determines if there is a substantial likelihood that important law will be made affecting Colorado municipalities (view the procedure for review of request), and then makes recommendations on whether CML should participate or not to the CML Executive Board.
Considerations Affecting CML’s Decision Whether to Participate as Amicus Curiae
Among the considerations affecting the League’s decision are the following:
Download the complete memo, League Amicus Participation: Process and Considerations (revised: Sept. 19, 2017).
Our legal department often helps our municipal members with general questions on state law and local ordinances; just complete the form and someone will be in touch soon. (Reminder: This assistance is not a substitute for advice from the municipal attorney. CML cannot provide a legal opinion as we do not have an attorney-client relationship with member municipalities.)
Call or visit at1144 Sherman Street, Denver, CO 80203(p) 303-831-6411 / 866-578-0936 • (f) firstname.lastname@example.org