Ga. Comp. R. & Regs. 475-3-.02

Current through Rules and Regulations filed through October 17, 2024
Rule 475-3-.02 - Representation For or Against Clemency
(1) Repealed.
(2) Employment of an attorney to represent a person before the Board is not required; this is a matter to be decided by the inmate, parolee or anyone acting in his behalf.
(3) Only licensed attorneys who are active members, in good standing, of the State Bar of Georgia, may appear before the Board for a fee. As a condition precedent to representing a parolee at any revocation hearing the attorney shall file a written and personally signed notice of appearance with the Board at its central office headquarters not less than 48 hours prior to the scheduled hearing. The notice of appearance shall in every case state: the name and identity number of the parolee; the name, address, State Bar membership number, phone and/or fax number of the attorney; and the time and place of the scheduled hearing, if any. Entry of counsel shall not itself be any cause for delaying a scheduled hearing. Hearings shall not be rescheduled at the request of counsel unless counsel has first provided written notice to the Board setting forth: the complete caption or style of suchever case in state or federal court alleged by counsel to constitute a direct and immediate scheduling conflict; the names and phone numbers of the judge and the clerk of such court; and the attorney's proposal for resolving the schedule conflict expeditiously. Any such notice of conflict must be received by the Board not later than 48 hours prior to the scheduled revocation or other hearing at which counsel desires to appear. No delays or continuances of any kind shall be granted by the Board in any case where counsel for the parolee has failed to abide by all elements of each requirement of this paragraph. No hearing shall be rescheduled more than once at the request of counsel for the parolee.
(4) The Board may require any attorney representing a person before the Board to file a sworn statement as to whether a fee is involved.
(5) The Board shall maintain a complete written record of every person contacting any member of the Board on behalf of a prisoner. Such record shall include the name and address of the person contacting the Board Member and the reason for contacting such Board Member.
(6) The Board encourages written communication in order that the information contained therein may be available to the Board when reviewing a case.

Ga. Comp. R. & Regs. R. 475-3-.02

Ga. L. 1943, pp. 185, 194; Ga. L. 1964, pp. 487-489; Ga. L. 1968, p. 1193.

Original Rule entitled "Representation For or Against Clemency" adopted. F. and eff. January 7, 1970.
Amended: F. Jan. 8, 1974; eff. Jan. 28, 1974.
Amended: F. Apr. 29, 1985; eff. May 19, 1985.
Amended: F. Mar. 21, 1995; eff. Apr. 10, 1995.