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IN THE SUPREME COURT FOR

THE STATE OF GEORGIA




MATTHEW CHAN,
Appellant,

v.

LINDA ELLIS,
Appellee
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Case No.: S14A1652

Court of Appeals No.: A14A0014

Lower Court No.: SU13DM409

APPLICATION FOR PRO HAC VICE ADMISSION OF PROFESSOR
EUGENE VOLOKH

Pursuant to this Courts 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 Volokhs 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 Georgias 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

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


1
Appellant Chan and his current counsel consented to Professors Volokhs
participation in any argument.








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









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 Courts 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