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WSAMA Amicus Curiae Policy

Criteria and Procedure

  1. The Amicus Committee shall review requests for WSAMA amicus curiae assistance and may consider whether to seek appearance in a case in which there has been no request.
  2. At the time a person requests that WSAMA participate as an Amicus on behalf of a party, he/she will be asked whether any city or town is a potentially adverse party, or if there is reason to believe that a particular city or town would not want WSAMA to file an Amicus brief.
  3. The Amicus Committee shall determine whether to participate as an Amicus taking into consideration the following criteria:
    1. Standard criterion—The legal issue involved is of substantial interest to WSAMA or to a number of cities or towns.
    2. Second tier criterion (applies if a city or town would not want WSAMA to participate)—The legal issue involved is critical to the substantial majority of cities or towns.
  4. In general, the Amicus Committee will decide whether to submit a request to a court for WSAMA participation as an Amicus. However, prior Board approval will be needed in any of the following circumstances: (a) if the Amicus Committee has been advised that a city or town is a potentially adverse party or that one or more cities or towns would not want WSAMA to participate; (b) if the Chair of the Amicus Committee believes that WSAMA participation is likely to create controversy among WSAMA members; or (c) if a majority of Board members become aware of a potential case in which a city or town is involved as an adverse party or would not want WSAMA to file an amicus brief and the Secretary-Treasurer or the President so notifies the Chair of the Amicus Committee before the Committee submits a request to a court for WSAMA participation. In any of these circumstances, the Chair shall inform the Board as to the background regarding the case, the Board will apply the second tier criterion, and the approval of the Board will be needed before the Amicus Committee submits a request for WSAMA Amicus participation to a court.
  5. Once the Amicus Committee (acting on behalf of WSAMA) has submitted a request for amicus participation to a court, the Board will not reverse that decision. However, the Board may request that the Amicus Committee itself consider whether to retract participation.
  6. Amicus Committee approval grants approval to file only a particular brief in a particular forum on the specific issues approved, along with any supporting procedural motions (such as a motion for leave to appear as amicus curiae). Any additional filings on separate issues or in any other forum must be approved separately by the Amicus Committee, except separate Committee approval is not required for:
    1. an amicus curiae memorandum opposing a motion for reconsideration filed in the Washington Court of Appeals or Supreme Court; or
    2. an amicus curiae brief on the merits where WSAMA filed a memorandum supporting a petition for review by the Supreme Court pursuant to RAP 13.4, and the Supreme Court granted review on one or more of the issues addressed in the WSAMA memorandum.
  7. Each WSAMA amicus brief and memorandum must be reviewed and signed by an Amicus Committee member in addition to the lead author or authors.
  8. As last amended by the WSAMA Board October 7, 2016

    Please forward amicus requests to Dan Lloyd at:

    WSAMA Amicus Brief Request Form (Adobe Acrobat Document21 KB)

    WSAMA Amicus Brief Request Form