Procedures for Submission of Amicus Curiae Briefs

The process by which APA determines whether to participate as amicus curiae in court proceedings is as follows:

1. All requests or proposals for APA amicus participation are submitted to the Office of General Counsel. If the request is presented in a case pending in a federal or state appellate court, appears to be of relevance to psychology and there is sufficient time and resources for the preparation of a brief, the General Counsel's Office will undertake to determine whether there is sufficient interest in the matter to warrant further consideration.
2. If, in the usual course of events, it appears that there may be sufficient interest to warrant further consideration, relevant case materials and a written analysis will be provided to the APA Executive Leadership Team (ELT) for their review and analysis. ELT will consult, or will assist the General Counsel's Office in consulting, with their respective constituencies, elected and appointed leadership, appropriate psychological experts, State/Provincial/Territorial Associations (SPTAs), Divisions and others. ELT will also consider questions such as whether participation will be consistent with the objectives and policies of the Association; the significance of the case to psychology; whether APA can make a useful contribution to the case; whether there is a sufficient consensus in the research, data and literature to present a strong position; any substantive views of relevant Divisions, SPTAs and others; how participation might be viewed by various APA constituencies; what may be the public or external results of participation; and other appropriate issues. Each ELT member will advise the General Counsel as to whether APA should consider filing an amicus brief.
3. If ELT recommends that further consideration should be given, the Office of General Counsel will be asked to appoint a panel of not fewer than three psychologists with relevant expertise to examine the proposal and to make a recommendation. All relevant materials will be provided to the panel and the panel's consideration will generally be conducted by electronic means.
4. The panel shall determine whether to recommend to the Board of Directors that APA submit a brief in the case. The panel will consider questions such as whether participation will be consistent with the objectives and policies of the Association; the significance of the case to psychology; whether APA can make a useful contribution to the case; whether there is a sufficient consensus in the research, data and literature to present a strong position; any substantive views of relevant Divisions, SPTAs and others of which they are aware; how participation might be viewed by various APA constituencies; what may be the public or external results of participation; and other appropriate issues.
5. The recommendations of ELT and the panel will be communicated to the Board of Directors by the APA General Counsel. Unless a scheduled meeting of the Board of Directors is imminent, the recommendation will be transmitted to the Board by electronic means and Directors will be asked to vote in favor or against, and/or to provide any comments. If any member of the Board requests a Board meeting or call in lieu of the electronic vote, a meeting or call will be scheduled.
6. If a Division or other APA-related entity wishes to file an amicus curiae brief, consistent with Association Rule 100-1.9, its request will be processed under these Procedures. If the Board approves the request, the General Counsel will be responsible for reviewing and approving the brief as provided in paragraph 7. In the event General Counsel does not approve the brief, the matter will be referred to the Board. In the event that the Board decides that APA will file an amicus curiae brief in a case, a Division or other APA-related entities may not file a separate brief in the same case. If a Division or other related entity is not able to file a brief under these circumstances, the Office of General Counsel will work with representatives of the Division to obtain input in the preparation of the brief to the extent possible.
7. If participation as amicus curiae is approved, the Office of General Counsel will undertake preparation of the brief. In most instances, the General Counsel will retain outside counsel to assist in this work. Appropriate experts in the field will be consulted in the course of drafting the brief, as will relevant Directorates, Divisions, State/Provincial Associations and others.

Approved December 1996 by the APA Board of Directors; amended by the Board in June 2003 and in June 2022.