Robert Egger, president of D.C. Central Kitchen and a leader of the Nonprofit Congress, has written this must read article from the Chronicle of Philanthropy ($$). Egger demands that the nonprofit sector no longer responds passively to a lawmaking process that has no charitable influence. Nonprofits have a responsibility to be vocal during any election.

The stakes for America are too high for nonprofit leaders to allow themselves to be bullied into silence by the perceived or often overt threat that any talk about politics will cause a charity to lose its tax-exempt status. It is time for charities not just to get involved in this historic race, but also to urge candidates for the White House to make it a priority, once elected, to rethink how nonprofit groups are regarded and regulated.

Nonprofits hold a vital role in every community in America, one that is increasingly strengthening the socioeconomic foundations of society. Egger articulates the dire need for nonprofits to make sure the candidates address charities, and to view nonprofit groups "as partners looking for a leader with the vision to recognize the role such organizations play and the resources they bring to the table."

On May 17 the Supreme Court proposed several changes in its rules, including procedures for groups or individuals filing friend of the court (amicus curiae) briefs supporting a party in a pending case. Proposed rule 37.6 would impose a new disclosure requirement, expanding the current requirement that amicus filers disclose whether the attorneys for one of the parties in the case helped write the brief and identify outside funders. The new disclosure provision would require filers to also include:

…whether such counsel or a party is a member of the amicus curiae, or made a monetary contribution to the preparation or submission of the brief, and shall identify every person other than the amicus curiae, its members, or its counsel, who made such monetary contribution.

The Clerk's comment on the proposed rule says, "The change would require the disclosure that a party made a monetary contribution to the preparation or submission of an amicus curiae brief in the capacity of a member of the entity filing as amicus curiae." The proposal also addresses deadlines for filing amicus briefs, word limits and electronic filing incases where oral arguments is scheduled.

The proposal would not require a list of all members or donors of organizations filing amicus briefs. Instead, it would require disclosure of financial support from a party to a case to a group filing an amicus, as well as whether the party or their counsel is a member of the group.

The Court has invited public comments, due June 4. Comments should be in writing and sent to:
Clerk of the Court
Attn: Rules Committee
Supreme Court of the United States
Washington, DC 20543

Posted by Kay Guinane, 01:10:33 AM