3. Contact of interested amici

Because court decisions on public records issues may have far-reaching consequences, press groups and others may have an interest in filing a friend-of-the-court brief on behalf of the requester of records. The filing of amicus curiae briefs is permitted by Rule 29 of the Alabama Rules of Appellate Procedure only with leave of the appellate court. Typically, the amicus brief is filed conditionally with the motion for leave. Amicus briefs must follow the form prescribed for the brief of an appellee in Rule 28(b) of the Alabama Rules of Appellate Procedure, and the brief must be filed within the time allowed to the party whose position on the appeal the amicus curiae brief will support. The motion for leave must identify the interest of the applicant and must state the reasons why the brief of an amicus curiae is desirable. Under Rule 29, an amicus curiae may participate in oral argument only upon motion and leave of the court and, unless additional time is granted, must share the time of the party whose position the amicus curiae supports.

Amicus curiae participation has been permitted, to substantial benefit, in the following recent records access cases under federal constitutional law in Alabama: Ex parte Consol. Publ’g Co., 601 So. 2d 423 (Ala.), cert. denied, 113 S. Ct. 665 (1992) (amicus brief and oral argument by Alabama Press Association for access to pretrial records in retrial of capital murder case); Ex parte Birmingham News Co., 624 So. 2d 1117 (Ala. 1993) (amicus brief and oral argument by Alabama Press Association for access to pretrial records in criminal trial of Gov. Hunt); and in the following cases under the Public Records Law: Stone v. Consol. Publ’g Co., 404 So. 2d 678 (Ala. 1981) (brief by Alabama Press Association); Chambers v. Birmingham News Co., 552 So. 2d 854 (Ala. 1989) (brief by Alabama Press Association).

Press groups, members of the media and others interested in access to public records may also participate at the trial court level — either by moving to participate as an amicus curiae or by moving to intervene. Unlike a party who intervenes, a party who participates as amicus curiae may not add parties, raise new issues, or otherwise control the litigation. State ex rel. Baxley v. Johnson, 293 Ala. 69, 74, 300 So. 2d 106, 111 (1974). "The amicus curiae may, with permission of the court[,] file briefs, argue the case and introduce evidence." Id.

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

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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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.

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.

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.

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.

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.

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.

Because court decisions on open records issues may have far-reaching consequences, press groups and others may have an interest in filing a friend-of-the-court brief on behalf of requesters. The Reporters Committee for Freedom of the Press frequently files friend-of-the-court briefs about open records issues being considered at the highest appeal level in the state.

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

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.

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.

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.

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.

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.

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.

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.

Contact the Louisiana Press Association, 4000 S. Sherwood Forest Blvd. Suite 502, Baton Rouge, Louisiana 70816; telephone number; (225) 344-9309.  Jerry Raehal is executive director.

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.

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.

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.

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.

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.

The Reporters Committee for Freedom of the Press, the Minnesota Newspaper Association and other professional organizations often serve in an amicus capacity in cases involving significant media law issues.

Amicus briefs are rare in Mississippi because media organizations are generally unwilling to finance them. Press associations in Mississippi include the Mississippi Press Association, 371 Edgewood Terrace, Jackson, MS 39206, and the Mississippi Association of Broadcasters, 403D-3 Towne Center Boulevard, Ridgeland, MS 39157.

The appearance of amici are permitted both in the circuit court and on appeal. Interested amici will depend on the nature of the records sought.

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.

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).

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.

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.

See Supreme Court Rule 30.

Amicus briefs on important issues of access are often filed by, among others, the New Jersey Press Association, the Reporters Committee for Freedom of the Press, and the New Jersey American Civil Liberties Union.

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.

The Reporters Committee for Freedom of the Press, 1101 Wilson Blvd., Suite 1100, Arlington, Virginia 22209. (703) 807-2100. (800) 336-4243.
Special Committee on Media Law, New York State Bar Association, One Elk Street, Albany, N.Y. 12207.
Communications Law Committee, Association of the Bar of the City of New York, 42 W. 44th Street, New York, N.Y. 10036.
New York Press Association, 1681 Western Avenue, Albany NY 12203-4307.
New York Newspaper Publishers Association Inc., 291 Hudson Avenue, Suite A, Albany, N.Y. 12210.
The New York State Broadcasters Association Inc., 1805 Western Avenue, Albany, N.Y. 12203.
New York State Society of Newspaper Editors, Newhouse Communications Center, Syracuse University, Syracuse, N.Y. 13244.

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.

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.

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.

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.

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.

Anyone “interested” in the questions involved in any appeal may file a brief amicus curiae without leave; oral argument by an amicus is permitted rarely and only at the court’s direction. Pa.R.A.P. 531.

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.

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.

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.

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.

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.

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 Blvd., Suite 302, Austin, Texas 78705. The foundation may also be contacted through its e-mail address, foift@foift.org, and over the Internet, at www.foift.org.

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.

 

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.

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.

The Virginia Press Association, 4860 Cox Road, Suite 150, Glen Allen, Virginia 23060, 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 federal and state appellate courts in 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.

Briefs of amici may be filed if a motion is filed within 14 days after the respondent’s brief is filed, i.e., within 80 days after the record is filed in the appellate court. Wis. Stat. § 809.19(7). The brief need not be filed with the request and may be filed thereafter within the time specified by the court if the request to file a brief of amicus curiae is granted.

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.