Thursday, March 31, 2022

Proposed Fed Rule changes & more

Law.com has Judges Weigh Tougher Disclosure Requirements for Amicus Filers

  • Judge Paul Watford, of the U.S. Court of Appeals for the Ninth Circuit, said [at Wednesday's meeting of the Advisory Committee on Appellate Rules] draft language mandating disclosure if a party contributed above a certain percentage of the amici’s annual revenue could be helpful for judges. Watford suggested a 25% threshold, though the members didn’t land on a concrete number. Watford said the change would give judges “a better sense of just how independent an amicus is from the party” and help in determining how much weight to give a brief.
  • Though the panel hasn’t recommended a proposed rule for public comment, other draft language being used to guide the committee would require that a filer tell the court if a party or its counsel has a 50% or greater interest in the ownership or control of the amicus curiae.
  • The panel also grappled with whether financial ties between nonparties and the filer should be revealed. Watford said he would want to know if a nonparty amici member gave money specifically for the creation of a brief, but further disclosure could raise First Amendment issues. He said any amendment should specify a high threshold, to avoid requiring that small, crowdfunded contributions be made public.
Supreme Court Seeks Input On Amicus Rule Changes -- The court said it will "entertain public comment" on the proposed changes sent in writing to the clerk of the court by April 28.

See also this Law.com interview: Maureen Mahoney’s Supreme Court Career

The federal Judiciary has opened the application period for membership in its public user group that provides advice and feedback on ways to improve electronic public access (EPA) services.


More locally, on the delay front, the DJ reports: Appellate lawyers academy urges completion of 3rd District study: "In a letter sent this week, the California Academy of Appellate Lawyers urged the Judicial Council to complete a study of delays on the 3rd District Court of Appeal. Meanwhile, Assembly Judiciary Committee Chair Mark Stone, D-Scotts Valley, questioned why an investigation the California Supreme Court requested six months ago is not complete."

Reminder: CA Courts are closed today for Cesar Chavez Day.