ATTORNEYS: ADMISSION TO PRACTICE BEFORE THE

U.S. District Court for the Northern District of Georgia

Rule Set: Criminal Local Rules of the United States District Court for the Northern District of Georgia

Rule: 57.1

Jurisdiction: NDGA

Bluebook Citation: N.D. Ga. L.R. Cr. 57.1

COURT (A) Admission to the Bar of this Court. Refer to LR 83.1(A) (B) Permission to Practice in a Particular Case. Refer to LR 83.1(B) (C) Standard of Professional Conduct. Refer to LR 83.1(C) CR-22 (D) Appearances.

(1) In Criminal Cases. (a) Appointments under this Court=s Criminal Justice Plan (Appendix D) as attorney of record for a defendant are made in writing on Form CJA-20, AAppointment of and Authority to Pay Court Appointed Counsel@. No further action is necessary by appointed counsel in order to notice an appearance on behalf of defendant. (b) Retained defense counsel are required to file a notice of appearance within three (3) days after being retained.

Counsel becoming associated with counsel of record or being substituted for counsel of record must also comply with this requirement. This Court will follow the provisions of the Eleventh Circuit Plan under the Criminal Justice Act, Section (d)(2) regarding requests by retained defense counsel to withdraw from representation of a defendant on appeal. See also LCrR 57.1(E). (2) Before the Grand Jury.

An attorney representing a witness before the grand jury must file a notice of appearance with the clerk. The notice shall be filed in such a manner as to maintain the secrecy requirements of grand jury proceedings. For purposes of this rule, an attorney shall be deemed to be appearing for and representing a witness before the grand jury if the attorney is present within the courthouse and advising the witness prior to entering the chambers of the grand jury or is interviewing witnesses before or after their appearance before the grand jury. (3) Pro Se Appearance Limitations.

Whenever a party has appeared by attorney, the party may not thereafter appear or act in the party=s own behalf in the action or proceeding or take any step therein unless the party has first given notice of the party=s intention to the attorney of record and to the opposing party and has obtained an order of substitution from the Court. Notwithstanding this rule, the Court may in its discretion hear a party in open court even though the party has previously appeared or is represented by an attorney. CR-23 (4) Duty to Supplement. Every attorney registered to use the ECF system must notify the PACER Service Center online at www.pacer.gov of any changes to the attorney’s primary email address, mailing address, and/or telephone number.

Parties appearing pro se must notify the clerk’s office by letter of any such change. If a failure to provide notice of any such change causes delay or adversely affects the management of a case, the Court may impose an appropriate sanction. (E) Withdrawal; Leave of Absence; Responsibilities of Party Upon Removal of Attorney (1) Withdrawal Policy. Counsel will not ordinarily be allowed to withdraw after pretrial or at a time when withdrawal will cause a delay in the trial of the case.

(2) Motions to Withdraw. This policy notwithstanding, an attorney wishing to withdraw the attorney=s appearance in any action or proceeding or wishing to have the attorney=s name stricken as attorney of record for a party in any case shall comply with the following procedure: (a) File a motion requesting permission to withdraw. (b) The motion shall state that the attorney has given the client fourteen (14) days prior notice of the attorney=s intention to request permission to withdraw and shall specify the manner of such notice. A copy of the notice shall be affixed to the motion.

(c) The attorney shall serve a copy of the attorney=s motion to withdraw upon opposing counsel and upon the client after filing the motion with the clerk. (d) Fourteen (14) days after filing, the clerk shall submit the motion to the judge for action thereon. (3) Withdrawal from Criminal Appeals. If, prior to filing a notice of appeal, a retained attorney of record for the defendant moves to withdraw from representation of the defendant on direct appeal of the defendant=s conviction and the defendant moves to proceed on appeal in forma pauperis and/or for the appointment of Criminal Justice Act appellate counsel, retained counsel will be CR-24 required to disclose in camera: (a) The total amount of fees and costs paid.

(b) By whom the fees and costs were paid. (c) The total amount of costs actually incurred and services actually rendered. This information along with any other information required by case law decided subsequently to the enactment of this local rule will be viewed in camera by the Court for the purpose of deciding the defendant=s in forma pauperis motion. (4) Leaves of Absence.

All leaves of absence shall be subject to the approval of the Court. Petitions for leave of absence for periods greater than twenty (20) days in length must be made by motion. Lead counsel must file a petition, in each individual case where an absence is requested, designating the period of absence and the reason for the absence. A proposed order for the Court shall also be attached.

Absence of less than twenty-one (21) days requires lead counsel to submit a letter to the judge=s courtroom deputy requesting that a case not be calendared during the period of absence. Only lead counsel, as specified on the preliminary report and discovery schedule, need petition the Court for leave of absence. A leave of absence does not extend previously set filing deadlines nor relieve counsel from other deadline requirements imposed by the Court. (5) Responsibilities of Party Upon Removal of Attorney.

Whenever an attorney withdraws or dies or is removed or suspended or for any other reason ceases to act as attorney of record, the party whom the attorney was representing must within twenty-one (21) days or before any further proceedings are had in the action before the Court notify the clerk of the appointment of another attorney or of the party=s decision to appear pro se. The party must also provide the clerk with the current telephone number and address of the newly-appointed attorney or of the party if proceeding pro se. Failure to comply with this rule shall constitute a default by the party. (F) Attorney Discipline.

Refer to LR 83.1(F) CR-25

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