LCMS Board of Directors Policy 5.8.1 Participation as Amicus Curiae (July 17, 1998)
Participation by the Synod and/or Its Agencies in Judicial Proceedings as Amicus Curiae or in Support of a Member Congregation.
It is suggested from time to time to the officers and various agencies of the Synod that the Synod, or an agency of the Synod, participate as an amicus curiae (or friend of the court) in judicial proceedings in which legal questions are presented involving issues in which the Synod has an interest. Other situations present the opportunity for the Synod to become involved through or on behalf of a member congregation(s) in addressing such issues before the courts. A position of the Synod should in proper circumstances be developed or made known in judicial proceedings where legal principles are being formulated which will have a bearing upon the position of the Synod and/or its congregations in matters of public interest. The time available for a decision concerning whether or not to participate in judicial proceedings does not ordinarily permit an independent consideration by the entire Board of Directors of each situation. The following policy applies to all agencies of the Synod as defined on the cover page for Section 5 of this Policy Manual.
22.214.171.124 Participation in judicial proceedings as amicus curiae or in support of a member congregation shall only be by the Synod, and shall not be by any agency of the Synod.
- The President, in consultation with available St. Louis based officers, i.e. First Vice President, Secretary, Chief Financial Officer, and Chief Administrative Officer, is authorized to direct the participation of the Synod as amicus curiae, or in such other capacity as they might determine, in judicial proceedings when, in their judgment, such participation is justified on the basis of the following considerations:
- The position of the Synod on the ultimate policy issues involved is sufficiently established to be formally and officially presented;
- The legal issues are such as to permit an exposition of the position of the Synod on the ultimate policy issues as well as the legal issues; and
- The importance and general applicability of the public issues involved warrant the expenditure of funds for the legal and other costs to be incurred.
126.96.36.199 The Synod shall be represented in such actions by general counsel for the Synod, or by special counsel selected in accordance with Policy.
188.8.131.52 The Chief Administrative Officer shall report to the Board each decision to participate in legal proceedings as amicus curiae, or in support of any member congregation.