Cba Guidelines for Submitting an Amicus Brief
| Publication year | 1986 |
| Pages | 193 |
| Citation | Vol. 15 No. 2 Pg. 193 |
1986, February, Pg. 193. CBA Guidelines for Submitting an Amicus Brief
Last year, the CBA Board of Governors received a request from a CBA Section to file an amicus brief on behalf of the CBA. When considering this request, it was realized that the CBA had no policy concerning when a brief should be filed. The Board of Governors appointed a special Amicus Brief Committee consisting of Wiley Y. Daniel, Charles E. Painter, L. Richard Bratton, John M. Kobayashi and Miles Gersh to establish guidelines for the CBA. Below are those guidelines as well as a description of the Committee functions.
Each year the President of the CBA shall appoint a Special Committee ("Committee") on Amicus Curiae Briefs of five (5) members who are expert in appellate procedures and learned in brief writing. Under authority delegated by the Executive Council of the Board of Governors, the Special Committee will function as follows:
(a) The Committee will receive and review all applications requesting the CBA to file an amicus brief. The Committee's review of each application shall be guided by the terms and conditions of this policy statement. The Committee's recommendations regarding brief requests shall be submitted in writing to the Executive Council for approval or disapproval. In its sole discretion, the Executive Council will determine if a particular brief request should go to the Board of Governors for final decision.
(b) Should the Executive Council approve the application, the Committee on behalf of the CBA will review the brief, suggest modifications if necessary, and determine whether (with any modifications suggested by the Committee) it satisfies the CBA's standards. Before the brief can be filed the Committee must certify to the CBA President that the brief is of high professional quality and a fair representation of the policy position of the CBA.
(c) The operating rules and procedures for the Committee shall be established by the Committee at its first meeting. A written copy of such rules and procedures shall be transmitted to the Executive Director as soon as practicable after the initial meeting.
The filing of an amicus curiae brief in the name of the CBA must be authorized by the Executive Council of the CBA. The Executive Council will only act after an application to file an amicus curiae brief has been submitted to the Committee by a member, section or committee of the CBA and the Committee has made its recommendations to the Executive Council. If the application emanates from an individual, the...
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