Announcing the LADC Amicus Brief Committee

 

Please find the full by-law section below:

Article VII, Officers and Committees, Section 6:

Amicus Brief Committee

The Amicus Brief Committee shall consist of three persons: the President-Elect, the First Vice President, and a member of the Board of Directors appointed by the President. The Executive Director shall be an ex-officio member of the committee. The President-Elect shall serve as Chair of the committee.

The Committee shall evaluate all requests for amicus curiae briefs on behalf of the Association and shall promptly make its recommendation to the President, who shall determine whether the Association should participate as amicus curiae. In making its recommendation and determination, the Committee and the President shall consider whether the case (1) presents for decision an important issue of substantive law which is of significant interest to LADC members and the defense bar; or (2) involves a procedural issue important to the fair and efficient determination of civil actions which is of significant interest to LADC members and the defense bar. In addition, the Committee and the President shall consider whether the position or argument sought to be adopted by the LADC enjoys the support of the membership at large.

Absent special circumstances, the filing of amicus curiae briefs will be limited to cases pending before the Louisiana Supreme Court. The Association will not file amicus curiae briefs in support of petitions for writ of certiorari.  

Requests for consideration of amicus curiae briefs shall be submitted in writing to the committee, explaining the nature of the case, the legal issue involved, and a statement of why the LADC should be interested in appearing as amicus curiae. A request for consideration of filing an amicus curiae brief shall be made no later than 21 days before the deadline for filing amicus curiae briefs pursuant to the Rule VII, Section 12 of the Rules of the Louisiana Supreme Court.       

The Committee and the President enjoy full discretion whether to approve or decline any request for the filing of an amicus curiae brief. Any decision to approve a request for the filing of an amicus curiae brief should be limited to special circumstances justifying such filing, and therefore approval is expected to be relatively rare. The LADC shall remain independent of the parties to the appeal, including the person or entity requesting amicus curiae participation. A Committee decision to recommend the filing of an amicus curiae brief to the President must be unanimous. If the request is recommended by the Committee and approved by the President, the Committee will select an attorney responsible for drafting and filing the brief.  A flat fee for the services of counsel selected to draft the amicus curiae brief must be agreed upon by the President and the Chair of the LADC Finance, Investment and Budget Committee. The cost of printing and filing the brief shall be borne by the Association. The Amicus Brief Committee will review the proposed brief to ensure that it is of high quality. Any amicus curiae brief filed shall show as counsel for the Association the author of the brief, the President of the Association, and the Chair of the Amicus Brief Committee.