This general order establishes procedures for requests for leave of absence by attorneys and the granting of such requests by this Court. The Court recognizes the necessity for leaves of absence for personal and professional reasons. Every reasonable effort will be made to accommodate such requests.
Accordingly, all leave requests will be submitted in accordance with this general order and granted subject to the following restrictions:
(1) All leave requests will be by letter addressed to "Judges United States Bankruptcy Court" and delivered to the Clerk of this Court. The leave request shall specify the inclusive dates covered and shall include a list of all cases involving counsel wherein a hearing, section 341 meeting, Rule 2004 examination or other discovery examination has been scheduled during the leave period and the name of the Judge handling the matter. If the matter scheduled is a contested matter the name, address and telephone number of opposing counsel must also be disclosed. It is permissible to recruit substitute counsel to appear, provided substitute counsel is aware of the circumstances of the case and can adequately represent the client's interest at such hearing. If substitute counsel has been recruited, the request for leave shall note the name, address and telephone number of substituted counsel for each matter. Based upon the disclosure of pending matters, the Clerk will refer the leave request to the appropriate Judge. In the event that counsel seeking leave has no matters pending, the Clerk is authorized to grant the leave request.
(2) In the event substitute counsel is not available, counsel IS ORDERED to file a motion for continuance in each scheduled hearing and attach a copy of the motion as an exhibit to the leave request. The hearing on any such motion must be scheduled before the beginning of the leave period, with adequate notice of the hearing to the trustee and other parties in interest as directed by the Court.
(3) If a notice scheduling a hearing during a period in which leave has been granted is issued, the Court will be responsible for advising opposing counsel and/or the trustee and rescheduling the hearing.
(4) In the event an emergency or urgent matter requires that a hearing be conducted during the period of the leave of absence, the Court retains discretion to schedule a hearing despite the leave of absence. Accordingly, all requests for leave must be accompanied by a designation of another member of the bar of this Court who has agreed to be available to respond to such an emergency.
(5) All responses from the Court granting leave shall state the following:
Your request for leave of absence for the period beginning [date] and ending [date] is granted subject to and in accordance with the provisions of General Order Number 1995-5 of this Court.
Leaves of absence granted by any Judge or the Clerk of this Court are effective in all matters pending in this Court.
Lamar W. Davis, Jr.
Chief United States Bankruptcy Judge
John S. Dalis
United States Bankruptcy Judge
James D. Walker, Jr.
United States Bankruptcy Judge
