The Latin phrase “amicus curiae” literally means “friend of the court.” It is used to refer to somebody who offers independent opinions to a court, usually on a legal issue or subject that they have expertise in.
This ‘friend of the court’ is typically a third-party individual, an organisation, or an institution that has a particular interest in the case. An amicus curiae might be a lawyer, an expert, a group of academics, or a non-profit organisation such as an advocacy association.
The Role of the Amicus Curiae
The essence of an amicus curiae is for providing impartial information and insights to a court, such as additional laws and regulations that justices may be unaware of, or new interpretations of current laws that could be of assistance.
For example, in the landmark U.S. Supreme Court case Kavanaugh v. Waters, an amicus curiae brief was submitted by the American Psychological Association in order to clarify why certain literature and research should be considered reliable evidence for the case at hand.
The Benefits of an Amicus Curiae
The major benefit of the amicus curiae is that the court gains access to new information that may be relevant and timely. The amicus curiae also provides the court with a balanced perspective when addressing a particular issue.
The aim of an amicus curiae is to provide helpful information and possibly change the way the court ultimately decides a case. As such, the designation of an amicus curiae is an important step in legal proceedings, providing insight from experts and other educated sources.