Amicus Advocacy

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The Amicus Advocacy Project

Through the Amicus Advocacy Project, CHILD USA is submitting amicus briefs in important cases involving child abuse. CHILD USA CEO, Professor Marci Hamilton, has submitted dozens of amicus briefs related to legal advocacy for child protection. The Amicus Advocacy Project enables CHILD to continue its groundbreaking legal advocacy work on behalf of lawyers and child abuse victims everywhere. In partnership with CHILD's Director of Amicus Advocacy, Dr. Leslie Griffin, the Amicus Advocacy Project helps ensure that CHILD USA’s commitment to children's rights and civil rights is heard thanks to informative legal advocacy in courts throughout the country.

You can support child abuse victims when they need it and in the courts where their causes are being heard.


 
 United States of America   Washington, D.C.

United States of America

Washington, D.C.

BRIEF OF AMICI CURIAE CHILD USA, THE INSTITUTE ON VIOLENCE, ABUSE AND TRAUMA, THE JUVENILE LAW CENTER, THE LEADERSHIP COUNCIL ON CHILD ABUSE & INTERPERSONAL VIOLENCE, and DR. MURRAY DAVID SCHANE OF MALE SURVIVOR IN SUPPORT OF PETITIONER

November 21, 2018

“We ask this Court to grant certiorari in order to hold that child sexual abuse is an important mitigating factor and, under Strickland and its progeny, must be investigated and presented by trial lawyers, even when the victims themselves do not volunteer the evidence. The long history of silent and silenced child sexual abuse victims supports such a grant from this”

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 United States Supreme Court   Washington, D.C.

United States Supreme Court

Washington, D.C.

BRIEF OF AMICI CURIAE CHILD USA, NATIONAL CENTER FOR VICTIMS OF CRIME, NATIONAL CRIME VICTIM LAW INSTITUTE, NATIONAL ORGANIZATION FOR VICTIM ASSISTANCE, AND ARIZONA VOICE FOR CRIME VICTIMS IN SUPPORT OF PETITIONER

November 8, 2018

In this case, eight-year-old L.T. was raped in her home in the middle of the night. Evidence was gathered immediately. The wrong man served a decade in prison due to a false conviction. It is now possible, due to a later-discovered DNA match with the actual perpetrator, to hold the right man accountable. This case is a proper vehicle for this Court to consider the appropriate interpretation and limits of Stogner v. California. By permitting prosecution of child abuse perpetrators, this Court would not only be providing particular victims access to much-needed justice, but would also be aiding in the incarceration of dangerous sexual predators before they could abuse more children.

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 Supreme Court of Pennsylvania  Harrisburg, PA

Supreme Court of Pennsylvania

Harrisburg, PA

BRIEF OF AMICI CURIAE CHILD USA AND BISHOP ACCOUNTABILITY SUBMITTED IN 106 WM 2018, IN RE: FORTIETH STATEWIDE INVESTIGATING GRAND JURY; SUPREME COURT OF PA

August 8, 2018

PA Attorney General Josh Shapiro convened the Fortieth Statewide Investigating Grand Jury  to investigate clergy sex abuse in six Roman Catholic dioceses.  CHILD USA, and clergy sex abuse archive, BishopAccountability.org, filed an amicus brief urging the Pennsylvania Supreme Court to reject the arguments to suppress the identities of alleged perpetrators and to release the Report in its entirety as soon as possible.  The brief explains the need for grand jury reports in a state with short SOLs for child sex abuse:

“There are two proven pathways to public disclosure of child sex abuse and institutional cover-up: (1) criminal prosecution and civil lawsuits and (2) grand jury investigations.  Because the vast majority of victims do not come forward in childhood, the former rests on the need for generous statutes of limitation (“SOLs”).  Short SOLs short-circuit judicial disclosure of the truth.  In a state, like the Commonwealth of Pennsylvania, where there are short SOLs, the only path to justice for these victims and the only means of public disclosure is through the release of investigating grand jury reports.  We urge this Court to continue the successful movement of truth by releasing the report of the Fortieth Statewide Investigating Grand Jury in its entirety as soon as possible" 

Read the FILING

UPDATE: August 14, 2018: 
Philadelphia, PA.  The Pennsylvania Supreme Court has released the Fortieth Statewide Investigating Grand Jury Report on clergy sex abuse in six Roman Catholic dioceses (“the Report”), as redacted.  Click here for more information.  


 Supreme Court of Texas  Austin, TX

Supreme Court of Texas

Austin, TX

AMICUS CURIAE LETTER SUBMITTED IN CASE NUMBER 17-1005 IN RE JOHN DOE, PENDING IN THE SUPREME COURT OF TEXAS

May 23, 2018

At Issue: In a case before the Supreme Court of Texas involving the question of whether a private school with a religious sounding name and/or loose religious affiliation can rely on the religious freedom provision of the First Amendment to the U.S. Constitution to avoid a civil court’s jurisdiction even though the school touts itself as secular, promises a secular education, does not teach or ascribe to a particular religion, and the conduct at issue in the case has nothing to do with religion.

Procedural History: In this case, the Court of Appeals in Dallas held that the First Amendment applies, allowing the school to avoid the lawsuit and responsibility for its conduct under the guise of religion.

Why We Care: This case can have a far-reaching impact, including the potential to enable schools and other organizations to avoid responsibility for bad conduct (e.g., child abuse) simply by claiming a loose religious affiliation.  

Read the FILING


 Supreme Court of the United States of America  Washington, DC

Supreme Court of the United States of America

Washington, DC

ON PETITION FOR A WRIT OF CERTIORARI TO THE ARIZONA COURT OF APPEALS No. 15-1049. 

2016

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 Massachusetts Supreme Judicial Court  Boston, MA

Massachusetts Supreme Judicial Court

Boston, MA

COMMONWEALTH OF MASSACHUSETTS, SUPREME JUDICIAL COURT: No. SJC-11844; BRIEF OF AMICI CURIAE  re: ROSANNE SILNEY

September 21, 2015

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 United States Court of Appeals for the Tenth Circuit  Denver, CO

United States Court of Appeals for the Tenth Circuit

Denver, CO

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT re:  KATHLEEN SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES No. 13-354

January 27, 2014

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 United States Court of Appeals for the Fifth Circuit  New Orleans, LA

United States Court of Appeals for the Fifth Circuit

New Orleans, LA

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT; AMICUS BRIEF OF THE AMERICAN PROFESSIONAL SOCIETY ON THE ABUSE OF CHILDREN IN SUPPORT OF RESPONDENT AMY UNKNOWN re: DOYLE RANDALL PAROLINE No. 12-8561

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 United States Court of Appeals for the Sixth Circuit  Cincinnati, OH

United States Court of Appeals for the Sixth Circuit

Cincinnati, OH

ON WRIT OF CERTORIARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT re: HOSANNA TABOR No. 10-553

August 9, 2011

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 Lehigh County Court of Common Pleas  Allentwon, PA

Lehigh County Court of Common Pleas

Allentwon, PA

AMICUS CURIAE STATEMENT OF INTEREST OF THE NATIONAL CENTER FOR VICTIMS OF CRIME CASE No. 2009-C-6008; LEHIGH COUNTY COURT OF COMMON PLEAS

August 12, 2010

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 Supreme Court of Nevada  Carson City, NV

Supreme Court of Nevada

Carson City, NV

BRIEF OF AMICUS CURIAE re: THERESSA RAMANI in CASE No. 49341 in the SUPREME COURT OF THE STATE OF NEVADA APPEAL FROM THE EIGHTH JUDICIAL DISTRICT COURT

December 11, 2009

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