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What is Judicial Advocacy?

Judicial advocacy involves the promotion of more responsible and accountable judicial, legal, and law enforcement systems and practices. Efforts include lawsuits, preparing amicus briefs, providing information on court cases, and developing reference and educational tools.

The judicial branch is widely and correctly seen as the branch most removed from influence by citizens, but this does not mean there is no such thing as judicial advocacy. While organizations or citizens should not engage in the direct lobbying of judges or juries (a practice that brings to mind mafia intimidation), several techniques can be used to influence policy through the judicial system.

Perhaps the most obvious is the filing of lawsuits, either to overturn an unfavorable law, or to demand the enforcement of a favorable one (developing new laws, however, is the exclusive domain of the legislative branch). This can be an effective, if expensive, way to change government policy. Government officials and agencies are generally under no obligation to act on the requests of citizens or groups. This is especially true at the agency level, where laws may be enforced improperly, or not enforced at all based on the ideals of the President. While public outcry might force an agency into action, everyone knows that once lawyers get involved, things get serious.

If the prospect of suing the government is daunting to your organization, professional associations or a parent organization might be more willing, and there are also organizations that specialize in filing public-interest lawsuits.

Sometimes, you don't even have to go to court to bring about policy change through the judicial system. The simple threat of a lawsuit can bring about change (although this is more likely to work on a state or local government than the federal), especially if the government is in the wrong, and knows it. Governments are practically besieged by lawsuits, and may be inclined to settle ones it knows it cannot win.

A less direct way to participate is to file an amicus curiae (or "friend of the court") brief in an existing lawsuit. This is a legal instrument that lays out the opinions and views of people who have direct knowledge of the impact a legal decision might have. Courts at all levels use these briefs to gain knowledge beyond the stark legal issues in a case. Often, groups can even sign on to existing briefs, which is helpful for smaller organizations that may not have the resources to write a brief from scratch.

Of more interest to service providers are administrative appeals processes, where organizations can help clients who they feel have been wrongly denied benefits (such as social security or special education benefits). Often, a lawyer is not even required for an administrative appeal. An advocate knowledgeable in the benefit program can be extremely helpful to someone participating in the appeals process, and an organization is likely to know the government programs that serve its clients.

While the direct lobbying of judges and juries should not occur under any circumstances, there are many chances to shape government policy using the judicial branch.