Amicus curiae
Procedure for requesting CML participation as amicus curiae
1. A request for CML amicus participation must be by letter, directed to the
CML General Counsel.
A copy of the letter in hard copy, together with provision of the letter and attachments electronically is requested.
2. The letter must be from the governing body, or from the attorney for the governing body, acting on behalf of the jurisdiction or entity
requesting the the League’s participation as amicus curiae.
3. The letter must describe:
- The nature of the case and the issues presented,
- Why this appeal is of particular importance to Colorado municipalities statewide,
- The procedural status of the appeal, including the briefing schedule, if known,
- The name, title and contact information for the person or persons representing the municipality in appeal.
4. The letter should be accompanied by whatever attachments
the applicant believes the League’s Amicus Committee would find useful in
making its decision. A copy of the court order or decision appealed from must be attached.
Briefs to the lower court(s) on relevant issues, notices of appeal, cert petitions, orders setting briefing schedules and so forth, are often
included with the letter.
Procedure for review of request
1. CML legal staff and the League’s Amicus Committee will review the amicus request and
attached materials. Staff and the committee may solicit advice from attorneys
with expertise in the particular area or areas of law addressed in the appeal, as necessary
or useful to assist in their analysis. Committee members are also free to consult directly
with the applicant. Applicants, on the other hand, are encouraged to make their case for
League involvement in their letters, and refrain from additional lobbying of Committee
members.
2. Staff and the Amicus Committee may discuss an amicus request through whatever means
are convenient (ordinarily discussion occurs via conference call). Staff will make a recommendation to the Committee as a starting point for
Committee discussion.
3. The Committee may suggest that a request be resubmitted at another time. For example, the Committee might suggest to a municipality that
its request for League participation be resubmitted after the Court of Appeals has reached its decision, or after the Supreme Court has
ruled on a pending cert petition, thus more precisely defining the issues on appeal.
4. A recommendation from the Amicus Committee will be submitted to the Executive Board, following a request for amicus participation.
The Committee may recommend participation in the appeal, or not, and may recommend the manner of League participation (e.g., preparation
of the League’s brief by outside counsel).
5. A member of the Committee whose client is requesting CML amicus participation may not vote on the Committee’s recommendation to the
Board. The Board is not bound by the Committee’s recommendation. The Board will authorize League participation as amicus curiae
in any appeal in which the League participates.
6. Those involved in appellate litigation generally have plenty of time to avoid last minute requests for amicus participation to the
League. The Executive Board ordinarily has an opportunity to consider a request before a filing must be made. Nonetheless, late requests do occur,
and staff may proceed with preparation of a brief, or cooperate with others in the preparation of a brief, should the briefing schedule make
it prudent to do so, upon a recommendation to do so from the Amicus Committee, and with the consent of the Executive Director and the
President of the Board, prior to the Executive Board considering the request.
Designation of the CML Amicus Committee
The Amicus Committee will be comprised of seven municipal attorneys, who will be voting members of the committee.
The League's legal staff may participate in committee discussions as nonvoting members.
One of the members of the Amicus Committee will be the current president of the CML Attorneys Section,
committee members will serve two year terms and may be appointed or reappointed, at the discretion of
president. Should a vacancy occur on the committee, League staff will recommend a replacement to the president. Any person appointed to fill
such a vacancy shall serve out the remainder of teh term, and may then be reappointed.
updated October 2008
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