TO: MACDL BOARD OF DIRECTORS
FROM: Faison Sessoms, Chairman Amicus Committee

On May 12, 2004, the Amicus Committee met to discuss and resolve the following issues:

1. Deadlines for Amicus Application:

A. State Amicus Brief :

Rule 129.01 of the Minnesota Rules of Appellate Procedure states, "Upon prior notice to the parties, a brief of an amicus curiae may be filed with leave of the appellate court. The applicant shall serve and file a request for leave no later than 15 days after the filing of the notice of appeal , the petition which initiates the appeal, the appellate petition for declaratory judgment, or the appellate court order granting review."

1. Felony or Gross Misdemeanor Cases:

In felony and gross misdemeanor cases a Notice of Appeal from a final judgment of conviction must be filed within 90 days. Given the additional time requirement of Rule 129.01, the committee voted that any application for an amicus brief must be submitted to the committee no later than 30 days before the filing of the Notice of Appeal.

2. Misdemeanor Cases:

A Notice of Appeal in a misdemeanor case must be filed within 10 days from the final judgment of conviction. The committee, therefore, voted that any application for an amicus brief in a misdemeanor case must be submitted at or before the date of sentencing.

B. Federal Amicus Brief:

Rule 29 (e) of the Federal Rules of Appellate Procedure states, "An amicus curiae must file its brief, accompanied by a motion for filing when necessary, no later than 7 days after the principal brief of the party being supported is filed."

The committee voted that any application for a federal amicus brief must be submitted at or about the time of the filing of the Notice of Appeal.

2. Standards for Acceptance of Amicus Application:

The committee wishes to file amicus briefs involving important issues having a significant statewide (or federal) impact. The committee will circulate the amicus application and a majority vote of the committee (with at least 3/4's of the members participating) shall determine whether to accept or reject the application.

The bottom line is a significant issue is like pornography: We will know it when we see it!

3. Authorship of the Amicus Brief:

The amicus brief will be assigned to and written by a single committee member. If any other individuals are interested in the issue presented, they are certainly welcome to submit their thoughts and ideas. However, responsibility for the brief will remain entirely with the assigned author.

4. Amicus Application Form:

Enclosed is a "rough" application form for anyone seeking an amicus brief by the

MACDL. The committee would like to have the application form on our web site so that the application can be made electronically. This will facilitate its circulation among the committee members.

5. New Members:

Daniel Gerdts, Doug Hazelton and Charles Ramsey have graciously agreed to join the Amicus Committee.