Can an amicus brief or memorandum be prepared or researched opposing a
civil action filed by a member of a legislature against another member
for the reason of the lack of court's jurisdiction to hear the case on
the basis of separation of powers between equal branches branches of
government?

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Request for Question Clarification by expertlaw-ga on 26 Dec 2002 12:02 PST

Dear moega,

What state/provice and country are involved?

Does this involve a theoretical question, or litigation that has been
filed?

Are you looking for experts who can prepare a memorandum,
organizations which might be interested in filing amicus briefs, or
are you expecting that a researcher would write a legal memo or brief?

Thank you.

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Clarification of Question by moega-ga on 26 Dec 2002 22:17 PST

Further clarification:
1.  A law suit has been filed by lawmaker A against Lawmaker B, who
was delegated the authority by the House to approve all expenses and
directly administer House budget, for mis use of Legislative funds.
The expenses dealt with personal car sold to the House by Lawmaker B
for same price he bought the car for and for using House funds for his
wife's travel costs. Both expenditures were approved by relevant
government agencies, i.e. procurement,etc., after the fact and without
any express policy in the House specifically restricting these
expenses.
2.  Lawmaker A filed a lawsuit inthe civil court against Lawmaker B
for conversion and falsely obtaining public moneys for personal use
and demanded repayment of such moneys.
3.  The lawsuit was filed directly in court without having the matter
considered or discussed in the House. There is a House rule that
requires a complaint by a member of the House against another to be
made to the House.
4.  Other members of the House want to dismiss this action on the
basis that the Court lacks jurisdiction under the separation of powers
doctrine in that the Court should involve itself with the internal
affairs of the House, in this incident the use of its funds.
5.  Thus, the question posed was asked by these members as to whether
they can file an amicus memorandum to dismiss this action.  The
defendant B hasin fact filed a motion to dismiss.

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Clarification of Question by moega-ga on 26 Dec 2002 22:26 PST

Further Clarification:

1. Line 3 of para.4, insert the word "not" after the word "should".
2. Yes, I am seeking help in the preparation of the amicus memorandum.

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Request for Question Clarification by abigayle-ga on 06 Jan 2003 10:48 PST

moega-ga;

I am working on your question and need some additional information.  I
am assuming this action is within the US, is it federal or a state
House incident and which state is involved.  Also, what area are you
located so I can assemble a list of resources for you in preparing the
brief if applicable.

abigayle-ga