why would an attorney general not file a brief

What happens if the respondent does not file a brief?

Feb 08, 2022 · OAKLAND – California Attorney General Rob Bonta, leading a coalition of eight states, the District of Columbia, and New York City, today filed an amicus brief in the Ninth Circuit Court of Appeals in support of the City of Berkeley’s ordinance prohibiting the installation of natural gas hookups in new buildings.Residential and commercial buildings in California are …

Can an amicus curiae brief be filed by an attorney?

Jan 21, 2022 · Jan 21, 2022. Today, Governor Roy Cooper and Attorney General Josh Stein filed an amicus brief in two cases currently before the North Carolina Supreme Court urging the Court to ensure that state elections are conducted under fair maps that are free from partisan gerrymandering. “The trial court recognized what has been obvious all along, that the legislative …

Does the opposing party have to file a brief before appeal?

Nov 09, 2020 · Ohio Attorney General Dave Yost filed a similar brief, and Oklahoma Attorney General Mike Hunter is expected to file an amicus brief on Tuesday in the case. “Free and fair elections are the cornerstone of our republic and it’s one of the reasons why the United States is the envy of the world,” Schmitt said at a press conference announcing ...

Who are the GOP attorneys general in the Supreme Court case?

Practical Tips on Writing Effective Briefs to the Open Records Division The Public Information Handbook (the Handbook) published by this office is your best resource in writing effective briefs to the ORD. Follow the standards in the Handbook to meet the requirements of the exceptions you claim. Be sure to clearly and fully address every element of the exceptions you are asserting.

Why do prosecutors sometimes choose not to prosecute criminal cases?

A prosecutor may choose not to pursue a criminal case for several reasons. Political pressure. ... Because the role of top prosecutor is an elected position in many jurisdictions, prosecutors may face political pressure to prosecute or refrain from prosecuting a person suspected of committing a crime. Limited resources.

What does the U.S. Attorney General investigate?

AGs investigate and bring actions under their states' respective unfair, deceptive, and abusive practices laws (“UDAP laws”). UDAP laws tend to broadly prohibit “deceptive” or “unconscionable” acts against consumers.

Does the U.S. Attorney General prosecute?

The United States Attorney is responsible for a wide variety of prosecutions consistent with the priorities set by the Attorney General of the United States and exercises wide discretion in the use of her resources to meet the needs of the communities in the Western District of Texas.

What are two responsibilities of the Department of Justice?

DOJ prosecutes federal law offenders and represents the U.S. Government in court; its attorneys represent the rights and interests of the American people and enforce federal criminal and civil laws, including antitrust, civil rights, environmental, and tax laws; its Immigration Judges ensure justice for immigrants in ...

What power does the US Attorney General have?

The Attorney General of the United States – appointed by the President and confirmed by the Senate – heads the DOJ with its more than 100,000 attorneys, special agents, and other staff. It represents the United States in federal criminal and civil litigation, and provides legal advice to the President and Cabinet.

How do I know if the FBI is investigating me?

Probably the second most common way people learn that they're under federal investigation is when the police execute a search warrant at the person's house or office. If the police come into your house and execute a search warrant, then you know that you are under investigation.

What is it called when a higher court sends a case back to be tried again?

Instead, the appellate court will “remand”, or send, the case back to the trial court for the trial court to actually fix or re-decide the issue.

How many statutory responsibilities do US attorneys have?

three statutory responsibilitiesThe United States Attorneys have three statutory responsibilities under Title 28, Section 547 of the United States Code: the prosecution of criminal cases brought by the Federal Government; the prosecution and defense of civil cases in which the United States is a party; and.Sep 22, 2016

How long do DOJ investigations last?

So if you have still not been charged after the time set by the statute of limitations, the investigation is effectively over. For most federal crimes, the statute of limitations is five years. Bank fraud has a statute of limitations of ten years. Immigration violations and arson are also subject to a ten year limit.

Who reports to the U.S. Attorney General?

President of the United StatesUnited States Attorney GeneralMember ofCabinet National Security CouncilReports toPresident of the United StatesSeatRobert F. Kennedy Department of Justice Building Washington, D.C.AppointerPresident of the United States with United States Senate advice and consent13 more rows

What are the main issues it is concerned with Department of Justice?

The Department of Justice serves to prevent terrorism and promote the Nation's security consistent with the rule of law; prevent crime, protect the rights of the American people, and enforce federal law; and ensure and support the fair, impartial, efficient, and transparent administration of justice at the federal, ...

Is the FBI part of the Department of Justice?

The FBI's activities are closely and regularly scrutinized by a variety of entities. ... Within the U.S. Department of Justice, the FBI is responsible to the attorney general, and it reports its findings to U.S. Attorneys across the country.

What is the amicus brief for Pennsylvania?

A group of ten Republican attorneys general announced Monday that they are filing an amicus brief with the Supreme Court in a case challenging mail ballots in Pennsylvania, arguing that the state increased the risk of fraud in the election.

How long after the election can you mail in ballots?

Missouri Attorney General Eric Schmitt led the group in submitting the brief, which asks the Supreme Court to reverse a recent decision by the Pennsylvania Supreme Court allowing mail-in ballots to be received three days after Election Day, including those lacking a postmark to prove they were mailed by Election Day.

How long does it take to file an amicus curiae brief?

An amicus curiae brief in support of a petitioner or appellant shall be filed within 30 days after the case is placed on the docket or a response is called for by the Court, whichever is later, and that time will not be extended. An amicus curiae brief in support of a motion of a plaintiff for leave to file a bill of complaint in an original action ...

What is the purpose of Rule 37?

Rule 37. Brief for an Amicus Curiae. Primary tabs. 1. An amicus curiae brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is not favored.

Can a court extend a notice of appeal?

No. Actually, the court gives either party an automatic 15 day extension after notice is mailed. If respondent then fails to file a brief the court may decide the appeal on the record, the appellant's opening brief, and any oral argument by the appellant, i.e., the court will consider the merits of the appeal based upon the record before it...

Can you win an appeal?

No. You cannot "automatically" win an appeal. The court of appeal presumes the court below was correct, so your brief has to demonstrate that you are entitled to the relief you seek. The opposing party does not have to file a brief at all and you could still lose your appeal...