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WHEREAS, from time to time, the Philadelphia Bar Association has been called upon to serve as a friend of the court, or amicus curiae, in pending litigation;

WHEREAS, such requests often arrive at the eleventh hour, when time is short to prepare an amicus curiae brief (an “amicus brief”), or when the preparation of an amicus brief already is in process by someone outside the Association and a decision about whether the Association should join in the brief must be made quickly;

WHEREAS, by resolution adopted on June 22, 1989, this Association established guidelines to assist the Board in deciding whether and when to serve, or join with others in serving, in that capacity (“the 1989 Resolution”);

WHEREAS, the Board desires to create a more efficient system for vetting and analyzing amicus brief-related requests and generating such activity ourselves where there is a perceived need to do so;

WHEREAS, the guidelines, having been written over 33 years ago, are worthy of re-evaluation to determine if different standards or processes should be implemented;

WHEREAS, Section 8.1 of the Association’s Bylaws authorizes the Board to establish standing committees,

NOW THEREFORE, BE IT RESOLVED that, pursuant to Section 8.1 of the Association’s Bylaws, the Board of Governors hereby establishes a standing committee to be known as the “Philadelphia Bar Association Amicus Committee” (the “Committee”), the members of which shall be appointed by the Chancellor; and

BE IT FURTHER RESOLVED, that the Committee shall consider revisions to the guidelines set forth in the 1989 Resolution and make recommendations to the Board of Governors with regard thereto; and

BE IT FURTHER RESOLVED, that the Committee shall make recommendations to the Board of Governors regarding responses to requests from members or non-members to prepare or join with others in preparing amicus briefs, or to initiate such briefs pro-actively in the absence of a request, where warranted, in accordance with the 1989 Resolution, until such time as such guidelines are amended, and thereafter in accordance with then-existing guidelines; and

BE IT FURTHER RESOLVED, that the Chancellor is authorized to take all steps that, in the judgment of the Chancellor, are necessary to implement these Resolutions.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
Adopted: February 23, 2023

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