Amicus curiae is a Latin term meaning "friend of the Court"

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Amicus curiae
is a Latin term meaning "friend of the Court"

APRIL 2005

II
IN THIS ISSUE

Camden
Bd.of Ed. v. Alexander, et al.

Camden
Bd. of Ed. v. McGreevey et al.

P.H. and P.H. on behalf of M.C. v. Bd. of Ed. of the Borough of Bergenfield

Franklin Twp.
Bd. of Ed. v. Franklin Twp. Ed. Ass'n

Magnolo v. Washington Twp. Bd. of Ed.

O’Shea v. West Milford Bd. of Ed

Ramsey
Bd. of Ed. v. Ramsey Teachers Ass'n

In the Matter of Monmouth-Ocean Educational Services Commission, Rumson-Fair Haven Regional High School District, Stafford Twp. Bd. of Ed.

In the Matter of the Petition of New Jersey American Water Company, Inc., for an Increase in Rates for Water and Sewer Service and Other Tariff Modifications

An amicus curiae brief is one filed by an applicant who is not a party to the litigation, but who believes that the resulting decision may affect its interest. NJSBA participates as amicus curiae in cases likely to set a precedent and have a significant statewide impact upon the operation of the State's educational system. N.J. Court Rules, 1969, R. 1:13-9 and New Jersey Administrative Code, § 6A:4-2.1 (see text below) provide the authority for participation by an amicus curiae respectively, before the State’s courts and the Department of Education. NJSBA’s web-based publication, Amicus Watch, summarizes the participation of NJSBA as an amicus curiae before the various courts and administrative agencies. To learn more about NJSBA’s amicus curiae participation, please contact Cynthia J. Jahn, General Counsel/Assistant Executive Director, NJSBA.
N.J. Court Rules, 1969, R. 1:13-9 Amicus Curiae; Motion; Grounds for Relief; Briefs An application for leave to appear as amicus curiae in any court shall be made by motion in the cause stating with specificity the identity of the applicant, the issue intended to be addressed, the nature of the public interest therein and the nature of the applicant's special interest, involvement or expertise in respect thereof. The court shall grant the motion if it is satisfied under all the circumstances that the motion is timely, the applicant's participation will assist in the resolution of an issue of public importance, and no party to the litigation will be unduly prejudiced thereby. The order granting the motion shall define with specificity the permitted extent of participation by the amicus and shall, where appropriate, fix a briefing schedule. An amicus curiae who has been granted leave to appear in a cause may, without seeking further leave, file a brief in an appeal taken to any court from the judgment therein entered. Briefs filed by an amicus curiae in any court shall comply with all applicable rules. New Jersey Administrative Code, § 6A:4-2.1 Motion to appear as amicus curiae
(a)	A motion for leave to appear as amicus curiae shall state with specificity the identity of the applicant, the issue intended to be addressed, the nature of the public interest therein and the nature of the applicant's special interest, involvement or expertise with respect thereof.
(b)	The State Board shall grant the motion if it is satisfied under all the circumstances that the motion is timely, that the applicant's participation will assist in the resolution of an issue of public importance, and that no party to the litigation will be unduly prejudiced thereby. The decision granting the motion shall fix a briefing schedule.
(c)	An amicus curiae who has been granted leave to appear in a case before the Commissioner may, without seeking further leave, file a brief and appear in an appeal taken to the State Board from the decision or order entered therein.