“Amicus curiae” means “friend of the court.” Friends try to help, not burden, each other. A persuasive amicus curiae brief can be an effective complement to the briefs of a party and can assist the court in deciding issues that have potential ramifications beyond the matter at hand. Conversely, an amicus brief that merely duplicates the arguments of a party (a “me too” brief) or functions as a blatant lobbying effort not grounded in sound argument only burdens the court, and should be avoided.
Counsel handling an appeal that involves a novel issue or one of general public importance should consider soliciting amicus participation in support of their client’s position. The New York Court of Appeals’ website publishes a weekly New Case Filings section that describes the subject matter of newly filed appeals. Although the issues presented are derived from Preliminary Appeal Statements, and thus may never reach a decision on the merits, their publication nevertheless may suggest motions for amicus curiae participation to counsel whose clients may be interested in the subject matter of these appeals.
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