Rule 125-3-4-.07 - Attorneys(1) For the purposes of this chapter, the term attorney includes an inmate's attorney of record or another attorney licensed to practice in State or United States Courts, Court of Appeals, or the Supreme Courts with whom the inmate has or is attempting to establish an attorney-client relationship. Attorneys shall be permitted to visit their clients in the institutions during prescribed visiting periods. In addition, reasonable flexibility shall be exercised in permitting attorneys, by prior appointment, to visit with their clients during normal business hours or in special circumstances during nonbusiness hours. Inmates shall be instructed to advise his attorney that appointments to visit his client at hours other than normal visiting hours are required and, except in bona fide emergencies, must be made with institutional authorities twenty-four hours in advance. Surveillance and general supervision during the visit shall be maintained by a Correctional Officer. The Correctional Officer shall so position himself as to permit the attorney and his client to converse privately and maintain the privileged nature of their relationship. Insofar as it is consistent with institutional security and physical and financial limitations, institutional authorities are encouraged to provide space and facilities that will afford reasonable privacy for attorney-client conferences.(2) By prior arrangement with the Warden, the inmate may be visited by a para-legal, investigator, or law assistant employed by an "attorney", as defined in paragraph (1) above. Before allowing such a visit, the Warden should require the attorney to contact him and identify the person desired to be sent in his stead; also, at each visit the Warden should require the presentation of a letter, dated no later than one week prior to presentation, signed by the attorney, and identifying the holder and inmate involved. This letter should be placed in the inmate's file. A Warden may refuse permission for such visits for cause. Cause may include any misrepresentation, made by the attorney, or para-legal, or investigator concerning the visit, as well as the existence of facts which give the Warden reason to believe the visit would pose a threat to institutional security.Ga. Comp. R. & Regs. R. 125-3-4-.07
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-14, 42-5-15, 42-5-53, 42-10-2.
Rule entitled "Attorneys" adopted as R. 415-3-4-.07. F. Nov. 14, 1984; eff. Dec. 4, 1984, renumbered as R. 125-3-4-.07 of same title. F. June 28, 1985; eff. July 20, 1985, as specified by the Agency.