ANCOR Litigation Policy

ANCOR Position Statement: ANCOR Litigation Policy

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.