A request for amicus participation may be submitted to GMA by an attorney representing any party or initiated by GMA’s General Counsel. If a request for amicus participation in litigation involving a member city comes from someone other than that member city, the mayor and city attorney of the member city will be notified of such request. All requests shall be in writing addressed to the General Counsel on a form provided by GMA and should explain the factual background and procedural posture of the case, the legal issues raised and the statewide municipal significance of one or more of those issues. Applicable orders, decisions and petitions for review should be part of the initial submission. The requestor should be prepared to provide additional relevant pleadings, briefs, and other case documents on request.

Because the purpose of an amicus curiae brief is to provide the court with additional legal arguments, policy considerations, or historical context to aid in its decision-making, a request for an amicus brief needs to identify these. It is not GMA’s practice to simply file “me too” briefs rehashing arguments and ideas already thoroughly and persuasively presented to the court. Criteria that will be used by GMA to determine whether to file an amicus brief include, but are not limited to, the following:

• Does the case have important statewide implications for Georgia municipalities?
• Do all or most Georgia cities have a common interest in the same outcome on the issues to be addressed in the amicus brief?
• Would the decision in this case serve as persuasive precedent in similar future controversies for Georgia cities?
• What is the likelihood that GMA’s participation would have a positive effect on the outcome of the case?
• Does the case address a central municipal value or is it less directly related to common interests of municipal governments in Georgia?
• Is there a reasonable likelihood of success?
• Do the facts and preceding litigation provide a likelihood of success?
• Is there sufficient time to prepare a quality brief?

Review of a request and case documents, legal research, and brief drafting must be worked in to existing Legal Department workload and can take several months so it is critical that any request be received as early as possible.

GMA prefers that amicus briefs submitted bearing GMA’s name be prepared by GMA Legal Department attorneys when possible. However, competing demands on the Legal Department attorneys may make it difficult or impossible in some instances to devote the time necessary to prepare a product of high quality in the time available. (Of the five GMA staff attorneys, two work almost exclusively on retirement plan matters and one focuses on life and health plan issues as well as information privacy and security thus leaving two to field most amicus requests.) A requestor may volunteer an appropriate attorney to draft the amicus brief or request that GMA sign on to a brief being filed by organizations whose interests align with those of Georgia cities on the legal questions presented.

As appropriate, GMA attorneys may approach other organizations with aligned interests on the pertinent legal questions to sign on to a GMA-drafted or sponsored amicus brief. If it is impractical or not possible for GMA Legal Department attorneys to prepare the brief, the GMA Executive Director may authorize the engagement of outside counsel. The GMA General Counsel shall advise outside counsel on the desired content of the GMA amicus brief and shall review the final draft before filing.

To ensure that communications, both written and oral, among GMA, the Legal Defense Fund requestor, and any proper third parties remain confidential and privileged to the greatest extent practicable, GMA requires Legal Defense Fund requestors to tender an offer to GMA to enter into a Common Interest Agreement available from GMA. Before submitting your request, please review the Common Interest Agreement and confirm that your client agrees to tender this offer. GMA reserves the right to accept or reject the offer at its sole discretion and will provide GMA’s decision to the requestor in writing.