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member of legislature suing another member for misuse of legislativefunds

  • 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?


  • 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


  • 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.


  • 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.


  • 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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