Section Services

Amicus Brief

Amicus briefs have become a powerful and effective tool in developing public policy through the courts. The filing of an amicus brief can alert the court that a case is significant and implicates broader issues than just the interests of litigants. PCLS provides an important resource for local governments and public corporation advocates by contracting with experienced attorneys to write amicus briefs and soliciting appropriate groups to join its briefs.

PCLS is selective in deciding when to file an amicus brief, and does so only when the case involves an issue of broad legal or public policy importance, and/or it has expertise, information, or a perspective to contribute to the case beyond that of the litigants. The initial criteria considered by the Section Council in reviewing applications for Amicus participation:

  • Does the particular litigation or controversy involve important questions of law, the favorable decision of which could provide substantial benefit for a significant number of members of the Section.
  • The extent to which the disposition of the litigation or controversy at its current level would serve as a persuasive precedent in similar future litigation or controversies before the courts of other judicative bodies having jurisdiction in Michigan.
  • Whether the Section has been invited to file an Amicus by the Court.

2011-2012 Amicus Filings on Behalf of the Section

Hoff v. Spoelstra
Michigan Ct of Appeals, No 272898 (2008) (unpublished)
Michigan Supreme Court, No. 137102 (2009)

  • Filed jointly with Michigan Townships Assn. and the Michigan Municipal League
    Brief Prepared by: Don M. Schmidt/Miller, Canfield, Paddock and Stone, PLC

Oneida Charter Township v. Grand Ledge
Michigan Ct. of Appeals, No. 277093 (2009)
Michigan Supreme Court, No 138520 (2009)

  • Filed jointly with the Michigan Municipal League
    Brief Prepared by: Don M. Schmidt/Miller, Canfield, Paddock and Stone, PLC

Mason v. Menominee
Michigan Ct. of Appeals, No. 282714 (2009)
Michigan Supreme Court, No. 138625 (2009)

  • Filed jointly with Michigan Townships Assn. and the Michigan Municipal League and County Road Assn of Michigan
    Brief Prepared by: Thomas R. Schultz/Secrest Wardle—MI Ct of Appeal; Mary Massaron Ross/Plunkett Cooney—MI Sup Ct.

Members interested in requesting Amicus assistance from the Section should contact the Section chair.

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