Attorneys

(a) Admission to the Bar. (1) Roll of Attorneys. The bar of this Court shall consist of persons admitted to practice in this Court and those who may be admitted in accordance with this Local Rule, so long as they meet the requirements for continued admission. (2) Eligibility.

Any attorney who is an active member in good standing of the State Bar of Georgia is eligible for admission to the bar of this Court. Continued admission is contingent upon an attorney maintaining active membership in good standing with the State Bar of Georgia. (3) Procedure for Admission. (A) Each applicant shall submit to the Clerk of Court a Petition for Bar Admission, using the form available on the Court’s website.

The Petition shall be signed by two members in good standing of the bar of this Court. (B) The Clerk shall provide instructions to the applicant for appearance and admission in open court or in chambers. (C) The applicant shall pay to the Clerk the prescribed enrollment fee. (b) Pro Hac Vice Admission to Practice in a Particular Case.

(1) Permitted Attorneys and Procedures. An attorney in good standing with the bar of another federal district court may appear in a particular case with prior approval of this Court. Counsel seeking pro hac vice admission shall: (A) complete and file the Application for Admission Pro Hac Vice available on the Court’s website; (B) attach a certificate of good standing from another federal district court and a list of all cases filed in this Court in which the applicant has appeared as counsel; (C) designate a member of the bar of this Court, who shall enter a written appearance in the case; and (D) pay to the Clerk the prescribed fee. 7 (2) Prohibited Attorneys.

Attorneys who reside in this District or maintain their principal place of business in this District are not permitted to appear pro hac vice. (c) Attorneys for the United States Government. (1) U.S. Attorneys Assigned to District. The United States Attorney for the Southern District of Georgia, as well as Assistant United States Attorneys or Special Assistant United States Attorneys assigned to the Southern District of Georgia, may appear in proceedings without seeking admission, provided the attorney is a member in good standing with the bar of another federal district court.

(2) Other Attorneys Representing the United States Government. Any other attorney representing the United States Government, or any agency thereof, may appear in proceedings without seeking admission, provided the attorney: (A) is a member in good standing with the bar of another federal district court; files a written notice of appearance; (B) (C) certifies to the Court, in writing, he or she has read and is familiar with these Local Rules; and (D) is accompanied in Court by an Assistant United States Attorney of this District who shall also review and sign all pleadings. (d) Appearance. (1) Government Counsel.

The signature of an attorney for the Government on an indictment or information shall constitute that attorney’s appearance in the case. (2) Appointed Defense Counsel. The order of appointment shall constitute the appointed attorney’s appearance in the case, and the appointed attorney shall not file a notice of appearance. (3) Retained Defense Counsel.

An attorney shall file a notice of appearance promptly upon being retained and prior to participation in any proceeding. (4) Grand Jury Proceedings. An attorney who is present in a courthouse to represent a person or entity in connection with 8 grand jury proceedings shall notify a representative of the United States Attorney’s Office upon arrival at that courthouse. (e) Leaves of Absence.

An attorney requesting leave of absence shall file a motion stating the dates for the period of requested absence and a brief description of the reason leave is sought. In the absence of a prompt objection, such leave may be granted as a matter of course. (f) Withdrawal of Representation. (1) Government Counsel.

An attorney for the Government may withdraw without leave of court by filing a notice of withdrawal, so long as another Government attorney continues to serve as counsel of record. (2) Defense Counsel. An attorney representing a Defendant may only withdraw by leave of court. The attorney shall file a motion to withdraw that confirms prior service of a notice of intent to withdraw on Defendant, attaches a copy of the served notice, and states whether Defendant consents or objects to the withdrawal.

(g) Disbarment and Discipline. (1) Applicability. Any attorney who appears in this Court, or who represents a party in interest in a case or a proceeding before this Court, may be the subject of a complaint of professional misconduct and shall be subject to the Court’s disciplinary authority. (2) Standards of Professional Conduct.

All attorneys shall practice in conformity with the Georgia Rules of Professional Conduct. (3) Disciplinary Procedures. (A) Allegations of misconduct by an attorney shall be made in writing to the Chief Judge of the District. (B) An attorney subject to the Court’s disciplinary authority shall immediately self-report the following to the Chief Judge of the District: (i) disbarment or suspension from the practice of law in any federal or state court; 9 (ii) voluntary surrender of the privilege to practice before a court or in a jurisdiction while the subject of a disciplinary investigation; or (iii) conviction of a felony, a crime requiring proof of a dishonest act or false statement, or a crime involving moral turpitude.

(C) The Chief Judge shall designate a judge to conduct proceedings consistent with this Local Rule regarding any nonfrivolous allegation under subsection (g)(3)(A) or any self-report under subsection (g)(3)(B). (D) The designated judge shall notify the attorney of the allegations and afford the attorney an opportunity to show good cause why discipline should not be imposed. (E) The designated judge may conduct a disciplinary hearing, at which the attorney shall appear and be afforded the opportunity to: (i) be represented by counsel; (ii) present evidence, including testimony and documents; (iii) compel the attendance of witnesses and the production of documents; (iv) cross-examine witnesses; and (v) present argument orally and in writing. (F) The designated judge shall issue a written report containing findings of fact, conclusions of law, and any recommended disciplinary measures.

(G) Upon consideration of the designated judge’s report, the district judges (including any senior judges) shall decide by majority vote and issue a final order regarding imposition of any disciplinary measures. (4) Available Forms of Discipline. The Court may impose any sanction the Court deems appropriate, including but not limited to the following forms of discipline: disbarment; suspension; reprimand; and monetary sanctions. 10 (5) Reporting Attorney Misconduct.

The Court may report alleged attorney misconduct to a state bar, court, or other agency, including referral for criminal prosecution. (6) No Limitation on Judicial Authority. This Local Rule does not limit the authority of a judge to manage cases, including the authority to hold attorneys in contempt, disqualify attorneys, and impose any other appropriate penalties or sanctions. However, an attorney may only be disbarred or suspended upon a majority vote of the district judges in accordance with the procedures set forth in this Local Rule.

(7) Readmission. Any disbarred or suspended attorney seeking readmission shall submit a petition to the Chief Judge showing the attorney is fit to practice, attaching the order of disbarment or suspension, and attaching supporting affidavits from five current members of this Court’s bar. Readmission requires a majority vote of the district judges (including any senior judges). (h) Law Student Practice.

(1) Entry of Appearance. A law student may appear in cases, while enrolled at an accredited school of law, by filing an entry of appearance through a supervising attorney that includes the following: (A) certification the student has satisfied all eligibility and registration requirements for student practice established by the Supreme Court of Georgia and State Bar of Georgia; (B) written consent by the party concerning the law student’s representation; and (C) certification by the supervising attorney, who is a member in good standing of the bar of this Court and has entered an appearance in the case, to assume full responsibility for the case and quality of the law student’s work. (2) Written Submissions. All pleadings, motions, and other written submissions signed by the law student shall also be signed by the supervising attorney as lead counsel.

(3) Court Proceedings and Depositions. With permission of the presiding judge, an eligible law student may participate in 11 depositions and courtroom proceedings so long as the supervising attorney is present and prepared to intervene. (4) Duties of Supervising Attorney. The supervising attorney shall comply with all requirements established by the Supreme Court of Georgia and State Bar of Georgia for supervision of a registered law student.

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