I. As an Amicus Curiae (Friend of the Court) in
a case.
A. Level I Priority: In cases before the U.S. Supreme
Court. ANCOR's Director for Public Policy, in consultation with the CEO and
where possible with the Vice President for Policy, will review requests and
make a determination on whether to join amicus curiae briefs in cases reaching
the U.S. Supreme Court. The following factors will be considered as favorable
in adding ANCOR's name to a friend of the court brief:
i) Issues consistent with ANCOR vision, mission and purpose,
and values.
ii) Issues on which ANCOR has previously joined as an
amicus.
iii) Issues affecting rights of providers and/or persons
with disabilities (such as the Clebeerne case).
iv) Issues affecting Constitutional, statutory, and civil
rights of persons with disabilities.
v) Issues upon which ANCOR has a standing Board-adopted
public policy or priority, position, or issues of traditional interest
to ANCOR members (housing and zoning, access to health services, community
integration).
vi) Staff resources.
vii) No fiscal expenditure for ANCOR.
viii) Concurrence with Department of Justice position.
B. Level II Priority: Requests for ANCOR to join Amicus Curiae
(Friend of the Court) in U.S. Federal Court of Appeals. ANCOR will consider
on a case-by-case basis requests to join as an amicus in cases before U.S.
Federal Court of Appeals. ANCOR's Director for Public Policy, in consultation
with the CEO and where appropriate with the Vice President for Public Policy,
will review requests and make a determination on whether to join using the
above criteria.
C. State Lower Federal Court Cases: It is ANCOR's policy not
to join as an amicus in cases below the federal appellate level.
II. As a Litigant in a case. It would be the rare exception for
ANCOR, whether at the request of another entity to join as a litigant or as
the initiator of litigation, to become a litigant in a case.
A. Request to Join as a Litigant: Staff, in consultation
with the CEO, would consider a request and forward a recommendation to the
Executive Committee. Upon review by the Executive Committee, a recommendation
to move forward would be made to the Board of Directors. Only upon authorization
by the Board of Directors would ANCOR become a litigant. The following factors
would be considered in making a recommendation:
i) Issues consistent with ANCOR vision, mission and purpose,
and values.
ii) Issues on which ANCOR has previously joined as an
amicus.
iii) Issues affecting rights of providers.
iv) Issues affecting Constitutional, statutory, and civil
rights for persons with disabilities.
v) Issues upon which ANCOR has a standing Board-adopted
public policy or priority, position, or issues of traditional interest
to ANCOR members (housing and zoning, access to health services, community
integration).
vi) Staff and legal resources.
vii) Fiscal resources.
B. As Initiator of Litigation: The ANCOR Board of Directors
shall, upon recommendation by the Executive Committee, make a decision whether
to initiate litigation on behalf of ANCOR.
