Chan v. Ellis: Text of Application for Pro Hac Vice Admission of Eugene Volokh

IN THE SUPREME COURT FOR THE STATE OF GEORGIA

Case No.: S14A1652
Court of Appeals
No.: A14A0014
Lower Court No.: SU13DM409

MATTHEW CHAN, Appellant

v.

LINDA ELLIS, Appellee

.

APPLICATION FOR PRO HAC VICE ADMISSION OF PROFESSOR EUGENE VOLOKH

Pursuant to this Court’s Rule 4(h), the undersigned respectfully ask that the Court grant pro hac vice admission in this matter to Professor Eugene Volokh, who will represent (in conjunction with the Summerville Moore, P.C. firm), amici The Electronic Frontier Foundation and Professor Aaron Caplan.

   I. Rule 4(h) Requirements

Professor Volokh is a member in good standing with the State of California,
as evidenced by a current Certificate of the Clerk of the Supreme Court of the State
of California (attached as Exhibit A). Professor Volokh’s business address, and
contact information, is

Eugene Volokh
CA State Bar No.: 194464
UCLA School of Law
First Amendment Amicus Brief Clinic
405 Hilgard Ave.
Los Angeles, CA 90095
(310) 206-3926
volokh@law.ucla.edu

Professor Volokh wishes to appear in this matter to represent amici The Electronic Frontier Foundation and Professor Aaron Caplan; those friends of the court side with the Appellant here, Matthew Chan.

As a final requirement under Rule 4(h), a Certification regarding payment of the IOLTA / Georgia Bar Foundation fee is attached as Exhibit B.

   II. Justifications for Admission

This Court has long been gracious in allowing out-of-state attorneys to participate in appeals, and there is ample reason to continue that practice as to Professor Volokh. He is the Gary T. Schwartz Professor of Law at the University of California-Los Angeles School of Law, focusing his teaching and extensive writing on the First Amendment in the electronic age. This case involves free speech challenges to O.C.G.A. § 16-5-90, one of Georgia’s criminal statutes regarding cyberstalking; Professor Volokh is the author of One-to-One Speech vs. One-to-Many Speech, Criminal Harassment Laws, and “Cyberstalking,” 107 Northwestern Univ. L. Rev. 731 (2013), one of the two most comprehensive law review articles on this subject. If Professor Volokh is granted leave to participate in this appeal, he will assist in the oral argument of the matter, if argument is to be had.1

Footnote [1]: Appellant Chan and his current counsel consented to Professor’s Volokh’s participation in any argument.

Accordingly, counsel for amici ask that the Court grant Professor Volokh pro hac vice status, such that he be allowed to appear in this matter.

Respectfully submitted, this 5th day of September, 2014.

/s/ Darren Summerville
Darren Summerville
GA Bar No. 691978
SUMMERVILLE MOORE, P.C.
400 Colony Square, Suite 2000
1201 Peachtree Street, NE
Atlanta, GA 30361
(770) 635-0030
darren@summervillemoore.com

EXHIBIT A

CERTIFICATE OF GOOD STANDING FOR EUGENE VOLOKH FROM THE STATE OF CALIFORNIA

CERTIFICATE OF THE CLERK OF THE SUPREME COURT
OF THE STATE OF CALIFORNIA

EUGENE VOLOKH

I, FRANK A. McGUIRE, Clerk of the Supreme Court of the State of California, do hereby
certify that EUGENE VOLOKH, #194464, was on the 23rd day of February, 1998, duly
admitted to practice as an attorney and counselor at law in all the courts of this state,
and is now listed on the Roll of Attorneys as a member of the bar of this state in good
standing.

Witness my hand and the seal of the court
on the 26th day of August, 2014.

FRANK A. McGUIRE
Clerk of the Supreme Court

By: A. Allen, Senior Deputy Clerk

EXHIBIT B

CERTIFICATION REGARDING PAYMENT OF IOLTA / GEORGIA BAR FOUNDATION FEE

.

CERTIFICATION

My name is James Darren Summerville; I am a member of the Bar of this Court.

I hereby certify that I have submitted a check for $200 to the Georgia Bar Foundation on behalf of the pro hac vice Application of Professor Eugene Volokh. The check was made to “IOLTA / Georgia Bar Foundation” and mailed to

The Georgia Bar Foundation
104 Marietta Street, Suite 610
Atlanta, GA 30303

This 5th day of September, 2014.

/s/ Darren Summerville
Darren Summerville
GA Bar No. 691978

SUMMERVILLE MOORE, P.C.
400 Colony Square, Suite 2000
1201 Peachtree Street, NE
Atlanta, GA 30361
(770) 635-0030
darren@summervillemoore.com

CERTIFICATE OF SERVICE

I hereby certify that I have delivered the attached Application for Pro Hac Vice
Admission of Professor Eugene Volokh to all counsel either by first class mail or by
email service in PDF format, if a written agreement between counsel regarding such
service. Service was made to:

William J. McKenny
McKenny & Froelich
50 Polk Street, NW
Marietta, GA 30064

Oscar Michelen
Cuomo LLC
200 Old Country Road Suite 2 South
Mineola, NY 11501

Elizabeth Wagner McBride
Page, Scranton, Sprouse, Tucker & Ford, P.C.
P.O. Box 1199
Columbus, GA 31902

Timothy B. McCormack
McCormack Intellectual Property Business Law P.S.
617 Lee Street
Seattle, WA 98109

I have also filed the foregoing document with the Supreme Court’s e-file system,
which will cause an electronic copy of the attached to be delivered to all counsel.

This 5th day of September, 2014.

/s/ Darren Summerville
Darren Summerville
GA Bar No. 691978

.

About Matthew Chan 103 Articles

Matthew is the Publisher and Editor of Defiantly.net. He is also the Founder, Editor, and Host for ExtortionLetterInfo.com. Matthew is the author of several business books & audio programs. He is an entrepreneur, real estate investor, and First Amendment advocate.

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