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NEW JERSEY STATE LEAGUE OF MUNICIPALITIES
AMICUS CURIAE INTERVENTION

The New Jersey State League of Municipalities and the New Jersey Institute of Municipal Attorneys have worked together to address requests for amicus curiae participation in litigation. Requests are submitted to the League office or to the League General Counsel who serves as Chair of the Intervention Committee.

The following standards have been developed for the review of intervention requests.

1. All requests for intervention must come from one of the following sources.

(a) from an appellate court -
(b) From the League as a result of a request made by a municipality or a municipal agency, or
(c) From a member of the Institute of Municipal Attorneys

2. In considering requests for intervention, the Intervention Review Committee shall be guided by the following criteria:

(a) The Institute and the League shall comply with the request from an Appellate Court to file an amicus brief.
(b) All other requests shall generally meet the following criteria"

• The matter must be at the Appellate level.
• The case must involve a novel question affecting municipalities generally.
• Ordinarily the case should not involve a conflict between municipalities.
• There shall be no intervention in a case where the legal position of the municipality cannot be supported.
• Intervention will generally not be sought in a case where the municipality's position has not been sustained at all preceding levels.
• No intervention for the purpose of the filing of an amicus brief will be made unless a favorable recommendation is made by a majority of the Intervention Review Committee.

Both the New Jersey State League of Municipalities and the New Jersey Institute of Municipal Attorneys retain their separate ability to accept or reject the recommendation from the Intervention Review Committee. The League has made decisions to participate as amicus curiae where the League has determined that it is appropriate to do so in the furtherance of League policy, including rare instances at the trial level, but it has been the general experience that the recommendation of the intervention committee has been followed.

 

 

 

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