State as Amicus Curiae
The Division of Appeals and Opinions is primarily responsible for managing the amicus curiae participation of the Attorney General. Amicus briefs may be filed on behalf of either the State and any of its agencies or the Office of the Attorney General itself. Requests for amicus briefs are received by the Office of the Attorney General from any number of sources, including the Governor or Legislature, state agencies, other States or governmental entities, the National Association of Attorneys General, or private parties and interest groups.
The decision about whether to file an amicus brief considers several factors including, but not limited to:
- the significant public interest or substantial legal consequence of the issues;
- the implications for client state agencies and pending litigation;
- the procedural posture and importance of factual disputes to resolution of the issue, and
- the identity of other parties drafting an amici briefs.
Requests from private parties and interest groups should include the following information in writing: an explanation about how the case meets the above criteria, who represents the parties, the procedural posture of the case, the time frame for amicus submission, and the interests of the party requesting the Attorney General's participation. Whenever possible, a party should send a copy of the pleadings, memoranda of law, or briefs, the lower court decision (if any), and other pertinent information that might assist the Attorney General in deciding whether to file a brief.