January 04, 2022
Back

Amicus Disclosure Rule Change Could Trigger Recusals, Lawyers Say | National Law Journal - Law.com

The E. Barrett Prettyman U.S. Courthouse, home of the U.S. Court of Appeals for the District of Columbia Circuit and the U.S. District Court for the District of Columbia, on June 6, 2020. Photo: Diego M. Radzinschi/ALM

What You Need to Know

  • Broader amicus disclosure proposal raises free speech and recusal issues, some committee members say.
  • One idea is requiring amici to disclose any person who has a 10% ownership interest in the group.
  • Key question is if contributions to amici from a nonparty should need to be shared.

A proposed rule change that would require amicus filers to more broadly disclose financial ties to parties, and in particular nonparties, could lead to recusal issues for judges and presents First Amendment questions, members of a federal judiciary committee said Tuesday.

The concerns surfaced during a Committee on Rules of Practice and Procedure meeting, where members shared thoughts on potential adjustments to amicus brief funding disclosure requirements. Transparency advocates have expressed fears that parties and others can exceed page limits and manufacture the appearance of wide support by secretly funding amicus briefs.

Want to continue reading?
Become an ALM Digital Reader for Free!

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

Already have an account? Sign In Now

*May exclude premium content



source: https://www.law.com/nationallawjournal/2022/01/04/amicus-disclosure-rule-change-could-trigger-recusals-lawyers-say/

Your content is great. However, if any of the content contained herein violates any rights of yours, including those of copyright, please contact us immediately by e-mail at media[@]kissrpr.com.