Many companies choose to file an amicus letter if the outcome of the case directly affects their members. An amicus letter allows you to speak to the Court of Appeal about the matter at hand. You can inform the court of how a particular decision in the case affects your members and the organization to which you belong. They can also highlight the potential legal, economic or social implications of a particular judgment, including informing the court of the impact of a possible decision on an industry or on individuals or groups. And an amicus letter may explain why a certain attitude of the court might not be feasible in other situations. They would do so to help the court understand the real consequences of a particular decision. In Italian law, amici curiae are “non-profit organizations and institutional subjects, bearers of collective or diffuse interests related to the question of constitutionality” that “may submit a written opinion to the Constitutional Court”. [35] [36] The role of an amicus is, like that of Salmon LJ (as Lord Salmon was at the time) in Allen v Sir Alfred McAlpine & Sons Ltd [1968] 2 QB 229 at p. 266 F-G: This means that scientific publications on the subject, empirical economic studies that can reflect on the practical implications of the decision facing the court, and a light on how the courts of other states have ruled that the issue is all free play, in a letter of amicus.
Courts recognize that they do not make decisions in silos and often assess an association`s perspective on how a particular issue affects its members, for example. It`s no surprise that professional associations are one of the most common notifiers of Amicus Briefs. The role of Amicus Curiae`s briefs in the World Trade Organization (WTO) dispute settlement system is controversial. The controversy stems from the governmental nature of WTO disputes. [22] Since only WTO Members have access to the system, non-Members such as non-governmental organizations (NGOs) are excluded and do not have the right to be heard. [23] Therefore, they can only contribute to a WTO decision through amicus curiae briefs. To date, there are different approaches to the admissibility of such procedural acts in the WTO. [23] Another situation in which an amicus may be named is when a defendant is himself represented in a trial for offences such as sexual assault or assault related to domestic violence. An unrepresented defendant has the right to cross-examine leniency witnesses, but it may not be desirable to allow the defendant, for example, to cross-examine the complainant in person.
Therefore, the Criminal Code allows the judge to order that the defendant not personally cross-examine the witness and to appoint an uninvolved lawyer to conduct the cross-examination in place of the accused. [34] Every case and situation is different, but if you conclude that you may have an interest in the outcome of an appeal process, you should consider whether an amicus letter could benefit you. Rule 37 of the Rules of the Supreme Court of the United States governs the content, format and circumstances of Amicus briefs before the Supreme Court of the United States. A court of appeal can receive a large number of amicus briefs for a particular case. Therefore, in most jurisdictions, they tend to have a uniform format for easy readability. For example, most of these briefings should have all of the following components: in important cases, amici curiae are usually organizations with large legal budgets. In the United States, for example, non-profit legal organizations such as the American Civil Liberties Union, the Landmark Legal Foundation, the Pacific Legal Foundation, the Electronic Frontier Foundation, the American Center for Law and Justice, or the National Organization for the Reform of Marijuana Laws (NORML) often file such briefs to argue for or against a particular legal change or interpretation. If a decision may affect an entire industry, companies other than litigants may want to hear their concerns. In the United States, federal courts often hear cases involving the constitutionality of state laws. Therefore, states may file briefs as amici curiae when their laws or interests are likely to be affected, as in McDonald v. Chicago, when thirty-two states under the auspices of Texas (and California independently) filed such briefs.
[13] You may find a case that is close to your heart and that reaches this high level of the justice system. Even if you are not one of the parties to the case, there may be a way to express yourself using a tool I often saw when I was a judge: the Amicus letter. I had always understood that the role of an amicus curiae was to assist the court by presenting the law impartially or, if one of the parties was not represented, by presenting the legal arguments on its behalf. Amici curiae who do not file briefs often present an academic perspective on the case. For example, if the law respects a history of legislation on a particular subject, a historian may choose to evaluate the claim based on his or her specialized expertise. An economist, statistician or sociologist may choose to do the same. Newspaper editorials, blogs and other opinion pieces arguably have the ability to influence Supreme Court decisions as de facto amici curiae. [14] [15] However, they are not technically considered amici curiae because they do not have to submit documents to the Court of Justice, do not have to apply for permission and have no guarantee that they will be read.
An amicus curiae letter can therefore be a powerful and effective advocacy tool. By getting straight to the point, they can get the court`s attention with the best possible contribution without breaking the bank. Under Canadian law, an amicus curiae is a lawyer and not an external entity that is required by the court to provide opinions in a manner that ensures that legal issues affecting the interests of all parties are properly addressed. If one of the parties (e.g. the defendant in criminal proceedings) is not represented (and does not have the right to apply for or refuse legal aid) and the judge fears that this will significantly disadvantage that party and risk a miscarriage of justice, the judge may appoint a lawyer as amicus curiae. Counsel is not appointed by and does not represent the unrepresented party as such, but is responsible for ensuring that legal issues relevant to the party`s case are brought to the attention of the court. For example, in criminal proceedings, the amicus will be responsible for ensuring that the defendant`s right to a full answer and defence is preserved. Examples of situations that may require the appointment of Amicus could be a very complex or technical trial, an undemanding defendant or one with cognitive or psychiatric problems, or an unruly and disruptive defendant. [33] In some cases where an accused hired defence counsel for part of the trial but subsequently dismissed him, and if the judge determines that an amicus is needed, the former defence lawyer may be asked to remain amicus because he or she is familiar with the case. Many groups or entities submit Amicus submissions, including professional associations. nonprofits, corporations, faculty groups, and government agencies (yes, even the U.S.
government submits Amicus briefs). The reason for filing depends on the case and your relationship to that case, but often includes the following: Last but not least, brevity is crucial. In most cases, an amicus letter can achieve its purpose on far fewer pages or words than the applicable rules provide. An amicus letter that is only as long as the space needed to achieve a particular goal will always be appreciated by busy judges. An amicus curiae letter is a compelling legal document filed by a person or entity in a case, usually during the appeal process, in which they are not a party but have an interest in the outcome – usually the rule of law that would be established by the court in its decision. Amicus curiae literally means “friend of the court.” The Amicus parties attempt to “assist” the court in making its decision by offering facts, analysis or perspectives that the parties to the case do not have. Amicus briefs are filed by people who usually take the position of a page in a case, supporting a case that has an impact on the problems of the case. The groups most likely to file Amicus submissions are corporations, academics, government agencies, non-profit organizations and trade associations.
The first WTO case to fully examine the admissibility of Amicus Curiae`s pleadings was that of US Shrimp. [24] The case concerned a U.S. import ban on all shrimp and shrimp products not caught with turtle exclusion devices. At first instance, the Panel rejected amicus Curiae`s two submissions by environmental panels on the grounds that they had not been specifically requested by the Panel under Article 13 of the WTO Dispute Settlement Agreement. [25] This decision was overturned by the Appellate Body, which found that a panel had the power to accept, review or reject pleadings under Articles 12 and 13 of the Dispute Settlement Agreement, whether expressly requested or not. [26] The Appeals Division welcomes and promotes proposals for federal appeal proceedings as candidates for participation in Amicus Curiae through the Civil Rights Division. Amicus curiae literally means “friend of the court.” An amicus curiae letter can be filed by a non-party to assist a court in making a decision.