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3. Contact of interested amici

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  • Alaska

    There are often interested parties who have similar interests, especially when a case moves past the superior court stage and is to be the subject of a Supreme Court decision that would have statewide precedential effect. In such cases, other news media, or organizations with specific interest in such issues such as civic groups, may have an interest in participating or lending support as "friends of the court."

    The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest court.

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  • Arizona

    (This section is blank. See the point above.)

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  • Arkansas

    The following organizations have historically had a strong interest in the FOIA: Arkansas Chapter, Society of Professional Journalists, P.O. Box 1325, Little Rock, AR 72201; Arkansas Press Association, 411 S. Victory, Little Rock, AR 72201; Arkansas Press Women, c/o Brenda Blagg, 838 Birwin St., Fayetteville, AR 72703; Arkansas Associated Press Managing Editors Association and Arkansas Associated Press Broadcasters Association, c/o Associated Press, 10810 Executive Center Dr., Suite 308, Little Rock, AR 72211-4377; Arkansas Broadcasters Association, 2024 Arkansas Valley Dr., Suite 403, Little Rock, AR 72212. Also, the Reporters Committee for Freedom of the Press files amicus briefs in cases involving significant press issues before a state’s highest court.

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  • California

    Briefs of Amici Curiae may be accepted by the appellate courts. Prior permission of the court must be sought and obtained. The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues.

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  • Colorado

    a. Leave of Court Required. Briefs by amicus curiae (friends of the court) may be filed only with leave of the appellate court. C.A.R. 29. The standard procedure is for the amicus to tender the proposed brief along with the motion for leave to appeal as amicus curiae.

    b. Interest of Amicus. A motion for leave must identify the interest of the amicus and state why an amicus brief is desirable.

    c. Briefs of amicus curiae must be filed within the time for filing briefs allowed the party whose petition the amicus brief will support, unless the court grants leave for later filing. C.A.R. 29. Amicus curiae are generally restricted to the issues raised by the appealing parties, and any additional questions presented in a brief filed by an amicus brief will not be considered by the appellate court. United States Nat'l Bank v. People ex rel. Dunbar, 29 Colo. App. 93, 480 P.2d 849 (1970).

    d. Oral Argument. "A motion of an amicus curiae to participate in the oral argument will be granted only for extraordinary reasons." C.A.R. 29.

    e. The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest court.

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  • Connecticut

    Connecticut allows amicus briefs to be filed with the permission of the court.

    The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues.

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  • Delaware

    The Delaware Supreme Court has in the past permitted filing of a friend-of-the-court brief on similar issues. Del. Supr. Ct. R. 28.

    The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest court.

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  • District of Columbia

    The Reporters Committee for Freedom of the Press has a substantial interest in reporters' right of access to government information and frequently files friend-of-the court briefs on open records issues.

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  • Georgia

    The Reporters Committee for Freedom of the Press files amicus briefs in important cases before the state's highest courts, as does the Georgia First Amendment Foundation, the Georgia Press Association, and various media entities in the state.

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  • Hawaii

    The OIP (contact: staff attorney (808) 585-1400), the ACLU (contact: (808) 522-5900), Common Cause Hawaii (contact: (808) 275-6275) and the Society of Professional Journalists (contact: spj@flex.com).

    The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest court.

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  • Idaho

    The Idaho Supreme Court is generally quite liberal in its allowance of the filing of amicus briefs. The filing of such briefs is governed by the provisions of Idaho Appellate Rule 8. Respective amicus participants must file an application for leave of Court to file a brief, to participate in oral argument or both.

    The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest Court.

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  • Illinois

    The requester might consider notifying the Illinois Press Association, the Illinois News Broadcasters Association or other media groups, which often intervene in FOIA cases. The Reporters Committee for Freedom of the Press frequently files amicus briefs in important press cases before a state's highest court.

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  • Indiana

    Amicus briefs may be filed only by leave of court, granted on motion of the amicus or at the request of the court. App. R. 41. When moving for leave to file an amicus curiae brief, the movant must file an appearance form with the clerk that contains the information specified in App. R. 16(D); 41(A). Unless the court permits the belated filing on motion for good cause, the amicus brief must be filed within the time set for the party the amicus is supporting. App. R. 41(B)–(D). So if a party wants to contact interested amici, it must be done as soon as possible, but in any event no later than when the record is being prepared.

    The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state’s highest court.

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  • Iowa

    Iowa Freedom of Information Council, 118 Meredith Hall, Drake University, Des Moines, Iowa 50311.

    The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest court.

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  • Kansas

    Amicus briefs are allowed on application only. Sup. Ct. Rule 6.06. Amici are not permitted oral argument.

    The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest court.

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  • Kentucky

    Amicus curiae may not file briefs in the Kentucky appellate courts unless they first obtain an order from the courts permitting the filing of these briefs. See Ky. R. Civ. P. 76.12(7).

    The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest court.

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  • Louisiana

    Contact the Louisiana Press Association, 404 Europe St., Baton Rouge, Louisiana 70802; telephone number; (225) 344-9309.  Will Chapman is executive director and Mike Rood is general manager.

    The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest court.

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  • Maine

    The Maine Supreme Judicial Court will often allow amici to file briefs. See M.R.App. 9(e).  It may allow amici to present oral argument, but may not grant a request for additional time at argument.  The Maine Freedom of Information Coalition has appeared as amici in public records cases in Maine.

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  • Maryland

    Any parties interested in submitting amicus curiae briefs may contact the law firm of Saul Ewing Arnstein & Lehr LLP, 500 East Pratt Street, Baltimore, Maryland 21202.

    The Reporters Committee for Freedom of the Press frequently files friend-of-the-court briefs in open records cases being considered at the highest appeal level in the State.

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  • Massachusetts

    Amici curiae may file briefs with leave of court but are allowed to argue orally only in extraordinary circumstances. M.R. App. P. 17. Responsible press organizations are routinely granted leave to file briefs as amici. Most frequent such amici are the Massachusetts Newspaper Publishers Association and the New England Newspaper and Press Association.

    The Reporters Committee for Freedom of the Press may also be interested in joining as an amicus before the Supreme Judicial Court.

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  • Michigan

    Usual procedures under Michigan Court Rules apply to amicus briefs.

    The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest court.

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  • Montana

    Most trial courts will readily permit amici participation in constitutional issues and such participation should probably begin at the district court level, if possible. If not, the Montana Supreme Court is fairly open to receiving amicus curiae briefs on similar constitutional issues.

    The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest court. For example, the Reporter’s Committee was one of the amici in Krakauer v. Commissioner of Higher Education, 384 Mont. 527, 381 P.3d 524 (2016).

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  • Nebraska

    Neb. Court of Appeals may allow amici participation, at its discretion. See Neb. Sup. Ct. R. 9 and 11. Persons seeking amici assistance should contact Nebraska Press Association and Nebraska Broadcasters Association. In addition, the Reporters Committee for Freedom of the Press sometimes files amicus briefs in cases involving significant media law issues before a state's highest court.

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  • Nevada

    Interested amici may be allowed to participate in an appeal. NRAP 29. A likely amicus in public records cases is the Nevada Press Association. The association, located in Carson City, may be reached at (702) 885-0866.

    The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest court.

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  • New Hampshire

    See Supreme Court Rule 30.

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  • New Jersey

    Amicus briefs on important issues of access and other free press/fair trial issues often are filed by the New Jersey Press Association and/or some of the major newspapers circulated in New Jersey, such as Newark Star Ledger, The Trenton Times, The Philadelphia Inquirer, The New York Times, and the Gannett group newspapers. In addition, the Reporters Committee for Freedom of the Press frequently files amicus briefs when open records issues are before the New Jersey Supreme Court.

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  • New Mexico

    Amicus curiae briefs may be advisable.  The New Mexico Foundation for Open Government, the New Mexico Press Association, the Reporters Committee for Freedom of the Press are potential amici with an ongoing interest in open records and meetings cases.

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  • North Carolina

    The North Carolina Press Association, the North Carolina Press Foundation and North Carolina newspapers individually have been supportive of colleagues in filing amicus curiae briefs on public records and open meetings issues. The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues. Additionally, counsel for the North Carolina Press Association have represented informal coalitions of parties seeking public records through litigation.

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  • North Dakota

    In many cases, the State Broadcasters Association or the North Dakota Newspaper Association will assist with either an amicus curiae brief or with the financing of the suit.

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  • Ohio

    Amici briefs are probably most effective in the appellate level courts, not in the common pleas court. The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest court.

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  • Oklahoma

    Amicus briefs may be filed by consent of the parties or by leave of the Chief Justice of the Supreme Court. The amicus curiae must file a statement not exceeding five pages disclosing the nature of the interest, the factual or legal questions which are not adequately addressed by the litigants and the relevancy of the factual or legal questions to the disposition of the case. Upon a showing of extraordinary circumstances, the amicus curiae may be allowed to participate in oral arguments. 12 O.S.Ch. 15, App. 2, Rule 1.28a.

    The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest court.

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  • Oregon

    The Oregon Court of Appeals has a process for allowing amici curiae to participate. The process for amici petitions and amici participation is set forth under the Oregon Rules of Appellate Procedure.

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  • Rhode Island

    Briefs of amicus curiae may be filed with written consent of all parties, or upon leave of the Supreme Court on motion which identifies the interest of the applicant and the reasons why brief is desirable.  R.I. Supreme Court Rule of Appellate Procedure 16(f).

    The Reporters Committee for Freedom of the Press and the Rhode Island Affiliate of the American Civil Liberties Union may file amicus briefs in cases involving significant media law issues before a state's highest court.

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  • South Carolina

    Persons or organizations interested in participating as amici must seek leave of the appellate court by filing a petition. The South Carolina Press Association frequently participates as amicus in appeals under the act and advises other interested groups where a case may be appropriate for amicus participation.

    The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest court.

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  • South Dakota

    Interested amici can contact the South Dakota Newspaper Association in Brookings, South Dakota, or the Associated Press or Argus Leader in Sioux Falls, South Dakota, both of which are active in asserting the press and public's rights of access. The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest court.

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  • Tennessee

    Interested amici can apprise themselves of Open Record issues that might appear before the Tennessee Supreme Court by reviewing the decisions of the Tennessee Court of Appeals. The Tennessee appellate courts have a Web site (www.tsc.state.tn.us) on which recently released opinions are available.

    The Reporters Committee for Freedom of the Press has filed amicus briefs in cases involving significant media law issues before Tennessee's highest court. Also, the Tennessee Press Association, the Tennessee Association of Broadcasters, and the Tennessee Coalition For Open Government and other organizations have participated as amici on open records cases.

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  • Texas

    The Freedom of Information Foundation of Texas Inc. is a statewide clearinghouse for freedom of information matters and will coordinate amicus curiae efforts. Interested people should contact Kelley Shannon, Executive Director, Freedom of Information Foundation of Texas at (512) 377-1575. The foundation’s address is 3001 N. Lamar Boulevard, Suite 302, Austin, Texas 78705. The foundation may also be contacted through its e-mail address, kelley.shannon@foift.org, and over the Internet, at www.foift.org.

    The foundation also operates a hotline (800-580-6651) staffed by volunteer Texas media law attorneys who will help answer questions regarding open government laws in Texas.

    The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state’s highest court.

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  • Utah

    If you are filing an appeal with an appellate court, you should contact other interested groups who may want to file amicus briefs or to assist with the legal research needed to support your arguments. In Utah, the following groups have participated actively in record-access issues: Society of Professional Journalists, Reporters Committee for Freedom of the Press, Utah Common Cause, American Civil Liberties Union, Utah Issues, Utah Legal Services, and Utah League of Women’s Voters.

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  • Vermont

    The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state’s highest court.

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  • Virginia

    The Virginia Press Association, 11529 Nuckols Road, Glen Allen, Virginia 23059, telephone (804) 521-7570.

    The Virginia Association of Broadcasters, 250 West Main Street, Suite 100, Charlottesville, Virginia 22902, telephone (434) 977-3716.

    The Virginia Coalition for Open Government, P.O. Box 2576, Williamsburg, Virginia 23187, telephone (540) 353-8264.

    The Reporters Committee for Freedom of the Press on occasion participates in briefs amicus curiae in cases involving significant media law issues before Virginia’s highest court.

    Virginia First Amendment Hotline, operated by Christian & Barton, L.L.P., 909 East Main Street, Suite 1200, Richmond, Virginia 23219-3095. Attn: Craig T. Merritt. (804) 697-4128, David B. Lacy, (804) 697-4121.

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  • West Virginia

    The Reporters Committee for Freedom of the Press has a substantial interest in reporters' rights of access to government information and frequently files friend-of-the-court briefs for open records issues when they are being considered at the highest appeal level in the state. Other news organizations and associations within the state also may want to support a FOIA requester’s suit  by filing amicus briefs, since a decision in the  case may affect them all. The West Virginia Supreme Court of Appeals generally welcomes amicus briefs from interested parties and appears to give them full consideration.

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  • Wyoming

    Interested amici must first file a motion for leave with the appellate court identifying the applicant's interest and setting forth reasons why an amicus curiae brief is appropriate under the circumstances. Wyo. R. App. P. 7.12.

    The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest court.

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