Senator Kopp Joins Motion as
Amicus Curiae / Interested Person

I had been in touch with California State Senator Quentin L. Kopp for some time requesting his support for our motion to terminate all court jurisdiction. The manner in which I learned of his possible support arose from another pro bono case and should be, as related later, of interest to public interest practitioners.

During my rehabilitation, the Senator and I collaborated on an innovative approach to his support by way of special standing in the proceedings. On April 11, 1995, with the permission of the Court, he filed his supporting brief as Amicus Curiae and, novelly, as an Interested Person, by invoking Section 7(a), Article I, of the California Constitution.

The Senator, to whom I will refer to as Amicus, related how he had familiarized himself with the position of Intervenors and the record leading to the making of their motions to terminate the proceedings. In particular, Amicus noted his review of the Intervenors' Memorandum in Support of Motion for Reconsideration showed sufficient cause to allow Intervenors and Amicus to present matters they contended warranted reconsideration of the Court's ruling.

Finally, Amicus noted his review of the oppositions of the Plaintiffs and Defendant Board to Intervenors' motions to terminate the case. He argued that since they both in effect sought perpetuation of an order including provisions regarding pupil school assignment, Amicus was entitled to appear and file his objections thereto, thereupon to be considered, under aforesaid Section 7(a), which provided:

Except as may be precluded by the Constitution of the United states, every existing judgment, decree, writ, or other order of a court of this state, whenever rendered, which includes provisions regarding pupil school assignment or pupil transportation, or which requires a plan including any such provisions shall, upon application to a court