JM 2-3.210
The Assistant Attorney General for the Civil Rights Division, or his or her designee, usually the Section Chief of the Appellate Section, will determine whether an appeal will be handled by the Civil Rights Division or the United States Attorney’s Office. Factors that will be considered in assigning appellate responsibility include (1) the complexity of the civil rights issues in the case and their importance to the Civil Rights Division; (2) the availability of resources; and (3) whether the United States Attorney’s Office participated in the litigation in district court and has an interest in handling the appeal. If a USAO disagrees with the AAG’s determination, it may use the review procedures set forth in section 2-3.100.
When AAG determines that a the United States Attorney’s Office will handles an appeal in a Civil Rights case, the Appellate Section of the Civil Rights Division must review and approve all substantive pleadings. All substantive pleadings must be provided to the Appellate Section for review and approval 7 days prior to the filing deadline. When the Civil Rights Division handles a case on appeal that was handled in the district court by the United States Attorney’s Office, copies of any draft brief prepared by the Appellate Section shall be forwarded to the United States Attorney's Office in sufficient time to allow for review and comment by that office.
When a United States Attorney’s Office learns of an appeal in a civil rights case that was handled at the trial level by the United States Attorney’s Office, that office should notify the Appellate Section as soon as practicable.
The Appellate Section has primary responsibility for the Civil Rights Division’s amicus participation in appellate courts, subject to the general supervision of the Assistant Attorney General for the Civil Rights Division and to authorization by the Solicitor General. If a United States Attorney’s Office identifies a case in a state appellate or supreme court, federal appellate court, or the United States Supreme Court in which amicus participation would be appropriate, the Office should send a recommendation to the Section Chief of the Appellate Section.
[updated July 2018] [cited in JM 5-8.320; 8-3.160]