Disir
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The nation’s highest courts are hearing from a lot of “friends” these days -- outside parties who weigh in on consequential judicial decisions by filing legal briefs. This week, Bloomberg News is publishing a series of stories revealing how these friends aren’t always who they appear to be. Sometimes, they’re paid lobbyists in disguise, helping well-funded litigants attempt to tip the scales of justice.
1. How are friends of the court supposed to work?
The amicus curiae, or friend of the court, sits outside the adversarial system that prevails in American courtrooms. Almost anyone can submit an unsolicited brief, and most are accepted. Lawyers and judges generally see the briefs as benign and sometimes helpful, providing courts with arguments or facts that neither party raises. Judges are under no obligation to read them. At the U.S. Supreme Court, parties’ counsel routinely recruit and coordinate the arguments of such allies.
2. Are parties allowed to pay for friends of the court?
Yes, but in the nation’s highest courts, these payments must be disclosed. The Supreme Court adopted its disclosure rule in 1997, and the federal appeals courts in 2010. They require friends of the court to state in writing whether a party to the case wrote their brief or if anyone who’s not an amicus paid for it. Amicus briefs that disclose such payments are rare. That means the rules eliminated most pay-to-play -- or some friends are misleading the courts.
3. What kind of problems can arise?
In some high-stakes cases, parties have paid, or were accused of paying, friends of the court to submit briefs without disclosure. In one case, a lawyer submitted a brief in the name of several organizations that say they never agreed to take part. Other friends didn’t run afoul of disclosure rules but still had undisclosed financial ties to parties with a stake in the outcome. The result is that amicus briefs can increase a well-funded litigant’s advantage in court. A party might be allowed to file only one brief, but by enlisting a paid army of friends, it gets more bites at the apple.
How ‘Friends’ of the Court Can Tip the Scales of Justice
This looks like an interesting series.
1. How are friends of the court supposed to work?
The amicus curiae, or friend of the court, sits outside the adversarial system that prevails in American courtrooms. Almost anyone can submit an unsolicited brief, and most are accepted. Lawyers and judges generally see the briefs as benign and sometimes helpful, providing courts with arguments or facts that neither party raises. Judges are under no obligation to read them. At the U.S. Supreme Court, parties’ counsel routinely recruit and coordinate the arguments of such allies.
2. Are parties allowed to pay for friends of the court?
Yes, but in the nation’s highest courts, these payments must be disclosed. The Supreme Court adopted its disclosure rule in 1997, and the federal appeals courts in 2010. They require friends of the court to state in writing whether a party to the case wrote their brief or if anyone who’s not an amicus paid for it. Amicus briefs that disclose such payments are rare. That means the rules eliminated most pay-to-play -- or some friends are misleading the courts.
3. What kind of problems can arise?
In some high-stakes cases, parties have paid, or were accused of paying, friends of the court to submit briefs without disclosure. In one case, a lawyer submitted a brief in the name of several organizations that say they never agreed to take part. Other friends didn’t run afoul of disclosure rules but still had undisclosed financial ties to parties with a stake in the outcome. The result is that amicus briefs can increase a well-funded litigant’s advantage in court. A party might be allowed to file only one brief, but by enlisting a paid army of friends, it gets more bites at the apple.
How ‘Friends’ of the Court Can Tip the Scales of Justice
This looks like an interesting series.
