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