Officers of the Court

3.1 Judges. Pursuant to OCGA § 15-9-2.1, the probate court has the authority to appoint full-time and part-time associate judges. The probate court determines the salary and benefits paid to the associate judge, subject to county approval. Associate judges shall be equally as qualified as the elected probate judge to receive appointment. Full-time associate judges shall not practice law outside the associate judgeship, except as otherwise provided by law. 3.2 Appointment of attorney to act in judge's absence. (A) Whenever a judge appoints an attorney to act in his stead pursuant to OCGA § 15-9- 13 (a), said appointment shall be by written order which shall specify the cases or time period covered and shall be recorded in the minutes of the court. Whenever the attorney so appointed signs an order while acting as judge, there shall appear following such signature: “Exercising the jurisdiction of the probate court pursuant to order of Judge ______, dated ______, as provided by OCGA § 15-9-13 (a).” It shall not be necessary for the judge to confirm any such order when the judge resumes his jurisdiction. However, if the appointment was for an indefinite period, the judge shall enter and record an order terminating the appointment when he resumes jurisdiction. The foregoing is not intended to imply that OCGA § 15-9-13 (a) is the only allowable method of providing a substitute, but only to establish a uniform procedure when OCGA § 15-9-13 (a) is used. (B) In Article 6 Probate Courts only with respect to contested matters, any attorney appointed to act instead of a judge pursuant to OCGA § 15-9-13 (a), and any hearing officer appointed under any applicable law to hold a hearing in lieu of the judge, shall have been admitted to the practice of law for at least seven (7) years. Such substitute need not be a resident of the same county as the judge making such appointment. 3.3 Attorneys. 3.3.1 Entry of appearance. No attorney shall appear in that capacity before a probate court until he has entered an appearance by filing a signed entry of appearance form or by filing a signed pleading in a pending action. An entry of appearance shall state (1) the case style and number; (2) the identity of the party for whom the appearance is made; and (3) the name and current office address and telephone number of the attorney. The filing of any pleading, unless otherwise specified by the probate court, shall constitute an appearance by the person(s) signing such pleading. Any attorney who has been admitted to practice in this state but who fails to maintain active membership in good standing in the State Bar of Georgia and who makes or files any appearance or pleading in a probate court of this state while not in good standing shall be subject to the contempt powers of the probate court. 3.3.2 Withdrawal. An attorney appearing of record in any action pending in any probate court, who wishes to withdraw as counsel for any party therein, shall submit a written request to the judge of said 3 court for an order of court permitting such withdrawal. Such request shall state that the attorney has given due written notice to his client respecting such intention to withdraw ten (10) days (or such lesser time as the court may permit in any specific instance) prior to submitting the request to the court or that such withdrawal is with the client's consent. Such request will be granted unless in the judge's discretion to do so would delay the trial of the action or otherwise interrupt the orderly operation of the court or be manifestly unfair to the client. The attorney requesting an order permitting withdrawal shall give notice to opposing counsel and shall file with the clerk in each such action and serve upon his client, personally or at his last known address, a notice which shall contain at least the following information: (1) That the attorney wishes to withdraw; (2) That the court retains jurisdiction of the action; (3) That the client has the burden of keeping the court informed respecting where notices, pleadings or other papers may be served; (4) That the client has the obligation to prepare for trial or hire other counsel to prepare for trial when the trial date has been set; (5) That if the client fails or refuses to meet these burdens, the client may suffer adverse consequences; (6) The dates of any scheduled proceedings, including trial, and that holding of such proceedings will not be affected by the withdrawal of counsel; (7) That service of notices may be made upon the client at his last known address; and (8) Unless the withdrawal is with the client's consent, the client's right to object within ten (10) days of the date of the notice. The attorney seeking to withdraw shall prepare a written notification certificate stating that the above notification requirements have been met, the manner by which such notification was given to the client and the client's last known address and telephone number. The notification certificate shall be filed with the court and a copy mailed to the client and all other parties. The client shall have ten (10) days prior to entry of an order permitting withdrawal or such lesser time as the court may permit within which to file objections to the withdrawal. After the entry of an order permitting withdrawal, the client shall be notified by the withdrawing attorney of the effective date of the withdrawal; thereafter all notices or other papers may be served on the party directly by mail at the last known address of the party until new counsel enters an appearance. 3.3.3 Special admission of attorneys from other states. (A) When permitted by law or rules, any attorney admitted to practice in the courts of record of another state who desires to be specially admitted to practice in a specific action pending in a probate court of Georgia shall make application for such special admission to the judge in which the action is pending or is to be brought. Such application shall contain the following information: 1. The name, current address and telephone number of the attorney making such application; 2. A listing of the state or states in which such attorney is duly licensed to practice; 3. A statement that the out-of-state attorney has associated in the action an attorney who is a resident of Georgia, and who is an active member in good standing of the State Bar of Georgia, or that he requests a waiver of this requirement; and 4 4. The name and current office address and telephone number maintained by the associated attorney, if applicable. The requirements of 3. and 4. above may be waived in writing by the judge. (B) Service may be had upon the associated attorney in all matters connected with said action with the same effect as though personally made upon the out-of-state attorney specially admitted to practice in the action. The out-of-state attorney so admitted to practice in such action shall be subject to the orders of the court of this state and amenable to disciplinary action as though he were regularly admitted to practice in the State of Georgia. 3.3.4 Entries of appearance and withdrawals by members or employees of law firms or professional corporations. The entry of an appearance or request for withdrawal by an attorney who is a member or an employee of a law firm or professional corporation shall relieve the other members or employees of the same law firm or professional corporation from the necessity of filing additional entries of appearance or requests for withdrawal in the same action. 3.3.5 Notification of representation. No attorney shall appear in his representative capacity before a probate court until he has entered an appearance by filing a signed entry of appearance form or by filing a signed pleading in a pending action. An entry of appearance shall state (1) the style and case number; (2) the identity of the party for whom the appearance is made; and (3) the name and current office address, telephone number and bar number of the attorney. 3.3.6 Timeliness of notice. Within forty-eight (48) hours after being retained, an attorney shall mail to the court and opposing counsel or file with the court the entry of appearance in the pending matter. Failure to timely file shall not prohibit the appearance and representation by said counsel. 3.3.7 Notice of settlements or dismissals. Immediately upon the settlement or dismissal of any civil action the involved attorneys shall notify the judge in writing of such event. 3.3.8 Duty to attend and remain in court. Subject to the provisions of Rule 6.11, attorneys having matters on calendars, or who are otherwise directed to do so, unless excused by the court, are required to be in court at the call of the matter and to remain until otherwise directed by the court. Should the judge temporarily excuse counsel from the courtroom before the matter is concluded such attorney(s) shall return as directed. Failure of any attorney in this respect shall subject him to the contempt powers of the court. 3.3.9 Binding authority. An attorney of record has apparent authority to enter into agreements on behalf of his client(s). Oral agreements, if established, are enforceable. 5 3.3.10 Number of arguments. Not more than two attorneys shall be permitted to argue any case for any party except by leave of court; in no event shall more than one attorney for each party be heard in concluding argument. 3.3.11 Notice of substitution of counsel. When an attorney has already filed an entry of appearance and the client wishes to substitute counsel, it will not be necessary for the former attorney to comply with Rule 3.3.2. Instead, the former attorney may file with the clerk a notice of substitution of counsel signed by the party and the former attorney. The notice shall contain the style of the case and the name, address, telephone number and bar number of the substitute counsel. A copy of the notice shall be served on the substitute counsel, opposing counsel or party if unrepresented, and the assigned judge. No other or further action shall be required by the former attorney to withdraw from representing the party. The substitution shall not delay any proceeding or hearing in the case. 3.3.12 Duty to utilize assigned judge; notification of previous presentation to another judge. Attorneys shall not present to any judge any matter or issue in any case which has been assigned to or a ruling made by another judge, except under the most compelling circumstances. In that event, any attorney doing so shall first advise the judge to whom the matter is presented that the action is assigned to or a ruling has been made by another judge. Counsel shall also inform the assigned or previous ruling judge as soon as possible that the matter was presented to another judge. Attorneys shall not present to a judge any matter which has been previously presented to another judge without first advising the former of the fact and the result of such previous presentation.