United States of America v. Arizona, State of, et al

Filing 34

MOTION to File Amicus Curiae by American Bar Association. (Dill, Sara) Modified on 7/16/2010 CORRECTION: filer (REW).

Carolyn B. Lamm (pro hac vice) Counsel of Record President American Bar Association 321 North Clark Street Chicago, Illinois 60654-7598 [phone] [e-mail] Stephen N. Zack (pro hac vice) President-Elect American Bar Association 321 North Clark Street Chicago, Illinois 60654-7598 [phone] [e-mail]

Sara Elizabeth Dill (pro hac vice) Perry, Krumsiek & Jack, LLP P.O. Box 578924 Chicago, Illinois 60657 [phone] [e-mail] Andrew Silverman Arizona State Bar No. 002440 Joseph M. Livermore Professor and Director, Clinical Programs James E. Rogers College of Law University of Arizona P.O. Box 210176 Tucson, AZ 85721-0176 [phone] [e-mail]

Attorneys for Amicus Curiae AMERICAN BAR ASSOCIATION UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA The United States of America, ) ) Plaintiffs, ) v. ) ) The State of Arizona; and Janice K. ) Brewer, Governor of the State of ) Arizona, in her Official Capacity, ) ) Defendants. ) ____________________________________) No. 2:10-cv-01413-SRB MOTION BY AMERICAN BAR ASSOCIATION TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

Come now, Carolyn B. Lamm, Stephen N. Zack, Sara Elizabeth Dill and Andrew Silverman, counsel for amicus curiae American Bar Association ("ABA") and move this

Court for leave to file an amicus curiae brief in support of Plaintiffs' Motion for Preliminary Injunction. The ABA is the largest voluntary professional membership organization in the United States and the leading organization of the American legal profession. It has nearly 400,000 members, who come from each state and territory and the District of Columbia, and include attorneys in private law firms, corporations, non-profit organizations, government agencies, and prosecutorial, public defender and law enforcement and corrections fields, as well as judges, legislators, law professors, law students, and non-lawyer associate members in allied fields. 1 Since the ABA's founding in 1878, and as cornerstones of its mission, the ABA has worked for civil rights, just laws, and fair legal process. The ABA respectfully suggests that its views, which represent the perspectives of a broad range of practitioners and others involved with immigration and criminal justice issues, may be of value to the Court in its consideration of the impact that S.B. 1070, if implemented, will have on four issues that are of deep concern to the ABA: (A) the increased use of racial profiling in law enforcement; (B) the mandatory detention of citizens and noncitizens; (C) the increased burden and new obligations on Arizona's indigent defense system, as well as its courts and prosecutors; and (D) the attempted usurpation of exclusive federal authority to manage and supervise immigration law enforcement matters.

1

Neither this brief nor the decision to file it should be interpreted to reflect the views of any judicial member of the ABA. No member of the ABA Judicial Division Council participated in the adoption or endorsement of the positions in this brief.

Therefore, the ABA moves this Court for leave to file its brief in support of Plaintiffs' Motion for Preliminary injunction.

Respectfully submitted this 14th day of July, 2010. /s/ Carolyn B. Lamm _________________________ Carolyn B. Lamm /s/ Stephen N. Zack _________________________ Stephen N. Zack /s/ Sara Elizabeth Dill _________________________ Sara Elizabeth Dill /s/ Andrew Silverman _________________________ Andrew Silverman Attorneys for Amicus Curiae AMERICAN BAR ASSOCIATION CERTIFICATE OF SERVICE I, Carolyn B. Lamm, certify that this Motion to file Memorandum Brief of Amicus Curiae American Bar Association In Support of the Plaintiff's Motion For a Preliminary Injunction was filed and served using the court's CM/ECF system for all registered users on the 14th day of July, 2010. /s/ Carolyn B. Lamm ______________________________ CAROLYN B. LAMM

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA The United States of America, ) ) Plaintiffs, ) v. ) ) ) The State of Arizona, et al., ) ) Defendants. ) ____________________________________) No. 2:10-cv-01413-SRB ORDER GRANTING LEAVE FOR AMERICAN BAR ASSOCIATION TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

THIS COURT, having been fully apprised of the Motion of the American Bar Association for leave to file a Memorandum Brief in Support of Plaintiff's Motion for Preliminary Injunction, hereby GRANTS the motion. Dated this ____ day of ________________, 2010.

______________________________ Susan R. Bolton UNITED STATES DISTRICT COURT JUDGE cc: All counsel and parties of record