Rule 8 - Resolution of Conflicts - State and Federal CourtsRule 8.1. Method of Resolution
(A) An attorney shall not be deemed to have a conflict unless: (1) the attorney is lead counsel and/or has been subpoenaed as a witness in two or more actions; and (2) the attorney certifies that the matters cannot be adequately handled, and the client's interest adequately protected, by other counsel for the party in the action or by other attorneys in lead counsel's firm; certifies that in spite of compliance with this rule, the attorney has been unable to resolve these conflicts; and certifies in the notice a proposed resolution by list of such cases in the order of priority specified by this rule. (B) When an attorney is scheduled for a day certain by trial calendar, special setting or court order (including a subpoena compelling his or her appearance to testify) to appear in two or more courts (trial or appellate; state or federal), the attorney shall give prompt written notice as specified in (A) above of the conflict to opposing counsel, to the clerk of each court and to the judge before whom each action is set for hearing (or, to an appropriate judge if there has been no designation of a presiding judge). The written notice shall contain the attorney's proposed resolution of the appearance conflicts in accordance with the priorities established by this rule and shall set forth the order of cases to be tried with a listing of the date and data required by (B)(1)-(4) as to each case arranged in the order in which the cases should prevail under this rule. In the absence of objection from opposing counsel or the courts affected, the proposed order of conflict resolution shall stand as offered. Should a judge wish to change the order of cases to be tried, such notice shall be given promptly after agreement is reached between the affected judges. Attorneys confronted by such conflicts are expected to give written notice such that it will be received at least seven days prior to the date of conflict. Absent agreement, conflicts shall be promptly resolved by the judge or the clerk of each affected court in accordance with the following order of priorities: (1) Criminal (felony) and habeas actions shall prevail over civil actions. Criminal actions in which a demand for speedy trial has been timely filed pursuant to OCGA §§ 17-7-170 and/or 17-7-171 shall automatically take precedence over all other actions unless otherwise directed by the court in which the speedy trial demand is pending; (2) Jury trials shall prevail over non-jury matters, including trials and administrative proceedings; (3) Within the category of non-jury matters, the following will have priority: (a) parental rights terminations, (c) all other non-jury matters including appellate arguments, hearings and conferences; (4) Within each of the above categories only, the action which was first filed shall take precedence. (C) Conflict resolution shall not require the continuance of the other matter or matters not having priority. In the event any matter listed in the letter notice is disposed of prior to the scheduled time set for any other matter listed or subsequent to the scheduled time set but prior to the end of the calendar, the attorney shall immediately notify all affected parties, including the court affected, of the disposal and shall, absent good cause shown to the court, proceed with the remaining case or cases in which the conflict was resolved by the disposal in the order of priorities as set forth heretofore. Rule 8.2. Attorneys Serving as Part-time Judges
Judges shall give prompt consideration to resolving scheduling conflicts resulting from an attorney's serving as a part-time judge. The presiding judge should be mindful of the strict time limitations of juvenile proceedings. See, e.g., Georgia Uniform Juvenile Court Rules 6.8, 7.3, and 23.5. However, a continuance by reason of such scheduling conflicts should not be granted in a scheduled Superior Court civil matter involving the safety of a child or the need of a custodial parent for temporary support.
Amended effective June 7, 1990; amended February 4, 2016, effective March 3, 2016.