Magistrate Court Requirements in Criminal Case Representation

by Judge Alan C. Harvey
DeKalb County Magistrate Court

It is my pleasure to have been appointed by Chief Magistrate Judge Berryl Anderson to serve as the judge overseeing the criminal division of the DeKalb County Magistrate Court. There is one issue I want to bring to the attention of private counsel who practice in our court. On a regular basis attorneys are not following two requirements of rule 7.1 of the Uniform Rules for Magistrate Courts. That rule states:

7.1. Notification of representation
No attorney shall appear in that capacity before a magistrate court until he has entered an appearance by filing a signed entry of appearance form or by filing a signed pleading in a pending action. An entry of appearance shall state (1) the style and number; (2) the identity of the party for whom the appearance is made; and (3) the name and current office address and telephone number of the attorney; and in criminal cases, the home telephone number of the attorney.

In criminal cases, immediately upon agreeing to represent the defendant in a criminal matter pending in magistrate court, each attorney shall notify the magistrate court orally, followed by written confirmation in conformity with the preceding paragraph.

As stated above, when representing a client in a criminal matter the rule requires that you immediately orally notify the court of your representation and follow that up with a written entry of appearance. In criminal cases the case number is the warrant number(s) or warrant application hearing number, if the matter is set for a warrant application hearing.

Providing the required notice helps you, your client and the court. If a continuance is requested and we do not know that you represent the defendant, obviously we will not be able to seek your input or notify you if a continuance is granted. You may not find out the case has been continued until you arrive at court. Sometimes a defendant will be brought to court for a preliminary hearing stating that an attorney has been hired but no attorney is present and we do not have an entry of appearance or a conflict letter. The defendant does not know the attorney’s phone number and occasionally does not remember the attorney’s name. Even if we have a name it takes our clerks extra time to try and contact the attorney to see if in fact they represent the defendant.

For those of you practicing in our court, your compliance with rule 7.1 will be greatly appreciated. Our phone number is 404-294-2150 and our fax number is 404-294-2145. Criminal division is open every day of the year, generally from 8:30 a.m. until midnight. If you have any general questions or comments about our criminal division please call me or email acharvey@dekalbcountyga.gov. You can also call Judge Tracy Dorfman at the same phone number or email her at tadorfman@dekalbcountyga.gov.

For general questions and comments about the overall operation of the court, contact Chief Judge Berryl Anderson, 404-371-4766, or baanderson@dekalbcountyga.gov.