{"id":257,"date":"2014-09-18T04:11:35","date_gmt":"2014-09-18T08:11:35","guid":{"rendered":"https:\/\/defiantly.net\/?p=257"},"modified":"2023-03-22T13:20:36","modified_gmt":"2023-03-22T17:20:36","slug":"chan-v-ellis-text-of-application-for-pro-hac-vice-admission-of-eugene-volokh","status":"publish","type":"post","link":"https:\/\/defiantly.net\/?p=257","title":{"rendered":"Chan v. Ellis: Text of Application for Pro Hac Vice Admission of Eugene Volokh"},"content":{"rendered":"

IN THE SUPREME COURT FOR THE STATE OF GEORGIA<\/strong><\/p>\n

Case No.: S14A1652<\/a>
\nCourt of Appeals <\/a><\/span>No.: A14A0014<\/a>
\nLower Court No.: SU13DM409<\/p>\n

MATTHEW CHAN, Appellant<\/p>\n

v.<\/p>\n

LINDA ELLIS, Appellee<\/p>\n

.<\/p>\n

APPLICATION FOR PRO HAC VICE ADMISSION OF PROFESSOR EUGENE VOLOKH<\/strong><\/p>\n

Pursuant to this Court\u2019s 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.<\/p>\n

\u00a0\u00a0 I. Rule 4(h) Requirements<\/strong><\/p>\n

Professor Volokh is a member in good standing with the State of California,
\nas evidenced by a current Certificate of the Clerk of the Supreme Court of the State
\nof California (attached as Exhibit A). Professor Volokh\u2019s business address, and
\ncontact information, is<\/p>\n

Eugene Volokh
\nCA State Bar No.: 194464
\nUCLA School of Law
\nFirst Amendment Amicus Brief Clinic
\n405 Hilgard Ave.
\nLos Angeles, CA 90095
\n(310) 206-3926
\nvolokh@law.ucla.edu<\/p>\n

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.<\/p>\n

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

\u00a0\u00a0 II. Justifications for Admission<\/strong><\/p>\n

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. \u00a7 16-5-90, one of Georgia\u2019s criminal statutes regarding cyberstalking; Professor Volokh is the author of One-to-One Speech vs. One-to-Many Speech, Criminal Harassment Laws, and \u201cCyberstalking,\u201d<\/em> 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<\/p>\n

Footnote [1]: Appellant Chan and his current counsel consented to Professor\u2019s Volokh\u2019s participation in any argument.<\/em><\/p>\n

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.<\/p>\n

Respectfully submitted, this 5th day of September, 2014.<\/p>\n

\/s\/ Darren Summerville
\nDarren Summerville
\nGA Bar No. 691978
\nSUMMERVILLE MOORE, P.C.
\n400 Colony Square, Suite 2000
\n1201 Peachtree Street, NE
\nAtlanta, GA 30361
\n(770) 635-0030
\ndarren@summervillemoore.com<\/p>\n

EXHIBIT A <\/strong><\/p>\n

CERTIFICATE OF GOOD STANDING FOR EUGENE VOLOKH FROM THE STATE OF CALIFORNIA<\/strong><\/p>\n

CERTIFICATE OF THE CLERK OF THE SUPREME COURT<\/strong>
\nOF THE STATE OF CALIFORNIA<\/strong><\/p>\n

EUGENE VOLOKH<\/strong><\/span><\/p>\n

I, FRANK A. McGUIRE, Clerk of the Supreme Court of the State of California, do hereby
\ncertify that EUGENE VOLOKH, #194464, was on the 23rd day of February, 1998, duly
\nadmitted to practice as an attorney and counselor at law in all the courts of this state,
\nand is now listed on the Roll of Attorneys as a member of the bar of this state in good
\nstanding.<\/p>\n

Witness my hand and the seal of the court
\non the 26th day of August, 2014.<\/p>\n

FRANK A. McGUIRE
\nClerk of the Supreme Court<\/p>\n

By: A. Allen, Senior Deputy Clerk<\/p>\n

EXHIBIT B<\/strong><\/p>\n

CERTIFICATION REGARDING PAYMENT OF IOLTA \/ GEORGIA BAR FOUNDATION FEE <\/strong><\/p>\n

.<\/p>\n

CERTIFICATION<\/strong><\/p>\n

My name is James Darren Summerville; I am a member of the Bar of this Court.<\/p>\n

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 \u201cIOLTA \/ Georgia Bar Foundation\u201d and mailed to<\/p>\n

The Georgia Bar Foundation
\n104 Marietta Street, Suite 610
\nAtlanta, GA 30303<\/p>\n

This 5th day of September, 2014.<\/p>\n

\/s\/ Darren Summerville
\nDarren Summerville
\nGA Bar No. 691978<\/p>\n

SUMMERVILLE MOORE, P.C.
\n400 Colony Square, Suite 2000
\n1201 Peachtree Street, NE
\nAtlanta, GA 30361
\n(770) 635-0030
\ndarren@summervillemoore.com<\/p>\n

CERTIFICATE OF SERVICE<\/strong><\/p>\n

I hereby certify that I have delivered the attached Application for Pro Hac Vice <\/strong>
\nAdmission of Professor Eugene Volokh<\/strong> to all counsel either by first class mail or by
\nemail service in PDF format, if a written agreement between counsel regarding such
\nservice. Service was made to:<\/p>\n

William J. McKenny
\nMcKenny & Froelich
\n50 Polk Street, NW
\nMarietta, GA 30064<\/p>\n

Oscar Michelen
\nCuomo LLC
\n200 Old Country Road Suite 2 South
\nMineola, NY 11501<\/p>\n

Elizabeth Wagner McBride
\nPage, Scranton, Sprouse, Tucker & Ford, P.C.
\nP.O. Box 1199
\nColumbus, GA 31902<\/p>\n

Timothy B. McCormack
\nMcCormack Intellectual Property Business Law P.S.
\n617 Lee Street
\nSeattle, WA 98109<\/p>\n

I have also filed the foregoing document with the Supreme Court\u2019s e-file system,
\nwhich will cause an electronic copy of the attached to be delivered to all counsel.<\/p>\n

This 5th day of September, 2014.<\/p>\n

\/s\/ Darren Summerville
\nDarren Summerville
\nGA Bar No. 691978<\/p>\n

.<\/p>\n