An appellate court rule that requires panels to bar an amicus brief if it would require a judge to recuse to avoid a conflict of interest is garnering attention from some who say its current application isn’t clear enough.
In a letter to the Administrative Office of the U.S. Courts this week, the Reporters Committee for Freedom of the Press suggested the rule be updated to mandate that when a panel strikes a brief, it cite the rule as the reason and identify which amici or amicus curiae counsel would have resulted in a judge’s disqualification. The change would allow courts to still hear different perspectives while avoiding conflicts, the nonprofit said.
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