The Attorney General sought forfeiture of a leisure sailboat under the Civil Remedies Act on the basis that it had been operated while the owner was impaired by alcohol or drugs.
The owner disputed that he had been operating the vessel and was self‑represented, lacked legal training, and did not speak English.
The court identified a significant legal issue as to whether the Civil Remedies Act could extend to forfeiture of property in circumstances where the property was not alleged to be proceeds or an instrument of organized criminal activity.
Given the broader implications for forfeiture practices and the imbalance in legal resources, the court appointed amicus curiae to assist on the legal issues.
The application was scheduled to return for argument after arrangements for the amicus appointment were finalized.
