Amicus Guidelines
GUIDELINES OF THE ALAJ AMICUS COMMITTEE FOR AMICUS PARTICIPATION
I. Mission and Purpose
The mission of the ALAJ Amicus Committee is to represent our organization and its members in presenting exhaustively researched arguments to Alabama’s appellate courts to assist in the rendition of justice for our members’ clients and all our state’s citizens.
The committee considers requests for amicus participation in light of the Mission of the Alabama Association for Justice. The committee will consider amicus participation in cases that present the legal issues appropriately. The legal issue(s) ALAJ’s AC Committee is asked to advocate for should enhance the rule of law, expand access to civil justice, and advance the common good of the people of Alabama while ensuring preservation of the right to trial by jury.
II. Composition of the ALAJ Amicus Committee
The amicus committee is a standing committee composed of ALAJ members in good standing who have volunteered to serve on the committee and who commit to engage in a timely, deliberate review and debate on the requests that come before the committee. The president of ALAJ appoints the chair or co-chairs of the committee after the president assumes office following the annual meeting. The chair or co-chairs of the committee serve at the discretion and pleasure of the president and shall report to the Executive Committee, the Board of Directors and the members the activity of the committee. The chair or co-chairs will identify and agree upon members of the Committee, subject to additional appointments by the President, Executive Committee or Board of Directors.
After screening by the Committee's co-chairs, majority vote of the committee members participating in the review of the case presented shall determine decisions of the committee.
III. Standard for Consideration of Amicus Request
In reviewing a request for amicus participation, the committee shall consider the following criteria:
Whether the case is at an appellate stage of proceedings or level of review that will permit meaningful amicus involvement. The committee will not participate in trial court proceedings absent exceptional circumstances. Upon request, the committee members may be available to provide mentoring to the ALAJ trial court lawyer to assist the member in framing issues or assisting with other strategies of preserving an issue for appellate review.
Whether the legal issue involved is of substantial interest to the members or clients of members of the ALAJ.
Whether the legal issue presents a novel or previously unresolved question, the disposition of which is likely to have broad-range impact beyond the facts of the particular case.
Whether the legal issue affects fundamental rights of individuals of a constitutional dimension.
The committee will consider participation as amicus on a petition for certiorari or petition for writ of mandamus to the Alabama Supreme Court based on the same criteria as in other appellate cases, but additionally will assess whether the case presented is in a posture (factually and/or legally) to adequately address the issue sought for amicus participation. If the committee does not agree to participate at this level, the committee will invite the requestor to submit a new request if the court grants certiorari or orders an answer and briefs in response to a petition for writ of mandamus.
Whether, upon reviewing the briefs of the parties before the court, or briefs of other amicus curiae, additional amicus briefing would be of benefit to the court.
Whether the issues requested for amicus review have been adequately framed and appropriately presented in the case.
Whether there exists sufficient time to request amicus status and properly prepare a brief.
Whether the requester has arranged for a brief writer, or whether the committee can find a brief writer for the amicus.
Whether the Alabama Supreme Court has invited ALAJ to participate.
In considering a request for amicus participation, the committee should not take into consideration whether or not the applicant for amicus is a member of ALAJ or whether the applicant has made a financial contribution to ALAJ.
If one party to the appeal is an ALAJ members (or if both are), the committee may factor that into its decision.
IV. Procedure for Requesting Amicus Participation from the Amicus Committee
The requestor should provide the following material to ALAJ's chairperson by email. The Chairperson will then electronically forward the material to the committee's co-chairs for review and comment and an initial screening. If, upon initial review, it is determined that the entire committee should review the request, the Chairperson will then electronically forward the materials to the entire committee:
A) The initial request should be in a letter, sent by email, to prominently include all relevant deadlines and due dates, and a short and concise description setting forth the specific legal issue or issues which the requestor believes should be address and a brief statement explaining why ALAJ would have interest in the issues, with specific reference to the criteria set forth in these Guidelines.
B) The requestor should supply by email attachment all other relevant and supporting materials for committee review (e.g. court orders, briefs, lower court opinion, etc.).
C) The requestor may submit written letters of ALAJ members in support of the request, by email attachment (or directly from the supporter by email to the Chairperson), setting forth substantive reasons for ALAJ's involvement in the
case.
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It is the policy of ALAJ that its amicus committee remains an independent body. Its members will not individually consult with those who request amicus intervention regarding what the committee's substantive position ought to be on any amicus request or brief filed on behalf of ALAJ. The committee will independently assess what issues are of importance to it without additional input from the requestor or other ALAJ members.
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The requestor shall furnish any additional materials or information as requested by the committee.
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In order that committee review and discussion of a request may be open and efficient, the record of the email debate on the merits of a request shall not be retained in any form by ALAJ nor disclosed by the committee members to any one outside of the committee - unless, as provided below, the record will be shared with ALAJ's executive committee and/or board of directors.
V. Committee Procedures
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Upon receipt of the requesting materials, the Chairperson of the committee shall electronically forward all such materials within 24 hours to the committee's co-chairs, noting in the cover message the deadlines for decision and briefing. The committee's co-chairs shall screen the request, and if they determine that the entire committee should review the matter, then the materials shall be forwarded to the entire committee.
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By agreeing to be a member of the committee, all committee members agree to review the materials sent to him or her promptly and to participate in the email discussion of the merits of the request according to these guidelines. If a committee member is unable to participate in a discussion, he or she will notify the chairs or co-chairs.
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When all committee members have participated in the review and the vote on the request, the Chairperson shall send a summary email to all committee members summarizing the vote and the decision that the committee has reached. Any committee member who disagrees with the Chairperson's summary of the decision must promptly notify the Chairperson and all committee members.
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If the committee decides the case does not merit participation, the Chairperson will promptly notify the requestor by email and answer any questions that do not breach the private debate of the committee.
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The Chairperson will promptly notify the requestor and the agreed brief writer by email of the decision of the committee and answer any questions that do not breach the private debate of the committee.
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If the requestor has not identified a brief writer for the amicus, the Chairperson may solicit volunteer brief writers from the committee or from the ALAJ membership at large.
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The writer of the ALAJ amicus brief will provide an electronic copy of the brief to the Chairperson immediately after filing it.
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ALAJ is unable to compensate attorneys who write ALAJ amicus briefs for time or expenses incurred.
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ALAJ will attempt to recognize all brief writers at the annual ALAJ convention, and/or the Mid-Winter's Conference. ALAJ will post the briefs on its website or make them available to the membership.