Amicus Curiae Determinations Adopted 1998
The Board of Commissioners may authorize the filing of an amicus curiae brief in appropriate cases.
Briefs shall be authorized only:
- When a brief would constitute a significant contribution to the determination of the issue or issues involved and only when the position thought to be advanced is:
- consistent with previously adopted State Bar policy; or
- a matter of compelling public interest which the Board then adopts as policy, or
- of specific significance to lawyers or the legal profession; and
- consistent with Administrative Order 2004-1.
- The appellate level and generally only in the highest court where the issue is likely to be determined.
- To advance arguments with respect to legal issues and not factual questions. The case should not depend on specific facts that are unlikely to apply in most other situations.
- A request to participate in the case must be filed with the Executive Director of the State Bar and come to the attention of the Board of Commissioners with adequate leave time. The request should include an explanation of the facts, law, and proposed argument sufficient to allow the Board to make an informed decision. The proponent should consult with any other State Bar entity likely to be directly affected, and report the results of the consultation to the Board when making the request.
- Preparation of an amicus brief must not pose an undue financial burden for the State Bar.
If the brief is authorized, it shall be prepared on behalf of the State Bar of Michigan. If the brief is not authorized but otherwise complies with this policy, it may be prepared by the proponent on behalf of the proposing entity. See Bylaws, Article IX. A copy of any amicus brief shall be forwarded to the Executive Director of the State Bar contemporaneously with its filing in court.
Administrative Order 2004-1
The State Bar of Michigan shall not, except as provided in this order, use the dues of its members to fund the activities of an ideological nature that are not reasonably related to:
- The regulation and discipline of attorneys;
- The improvement of the functioning of the courts;
- The availability of legal services to society;
- The regulation of attorney trust accounts; and
- The regulation of the legal profession, including the education, the ethics, the competency, and the integrity of the profession.