The Appellate Section of the Civil Rights Division handles appeals of civil and criminal civil rights cases in which the United States is a party, including cases that were handled by the Civil Rights Division, a United States Attorney’s Office, or jointly by both offices in federal district court. The Civil Rights Division has a strong interest in ensuring that the Department of Justice presents consistent arguments nationwide on civil rights issues. Accordingly, 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.

When the Civil Rights Division and the United States Attorney’s Office agree that the United States Attorney’s Office will handle an appeal, the Appellate Section of the Civil Rights Division nevertheless 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 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.

As discussed in 8-2.170D, a United States Attorney’s Office also must coordinate with the Appellate Section regarding any recommendation to the Solicitor General to participate as amicus curiae in any civil rights appeal. The Appellate Section will promptly advise the relevant United States Attorney when the Appellate Section plans to participate as a party or seek authorization to participate as amicus curiae in an appeal in a case that arose in the United States Attorney’s district.

[updated March 2018]