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SANDERS v. RUSSELL

Nos. 25797, 25815.

401 F.2d 241 (1968)

James E. SANDERS, Petitioner, v. Honorable Dan M. RUSSELL, Judge, United States District Court for the Southern District of Mississippi, Respondent. Joan ANDERSON et al., Petitioners, v. Honorable William Harold COX, Judge, United States District Court for the Southern District of Mississippi, Respondent.

United States Court of Appeals Fifth Circuit.

September 18, 1968.

Attorney(s) appearing for the Case

Jonathan Shapiro, Jackson, Miss., John H. Schafer, Washington, D. C., for James E. Sanders.

R. L. Goza, Canton, Miss., William A. Allain, Jackson, Miss., John C. Satterfield, Yazoo City, Miss., for Judge Dan M. Russell.

Melvyn Zarr, Jack Greenberg, New York City, Anthony G. Amsterdam, Philadelphia, Pa., Paul Brest and Marian E. Wright, Jackson, Miss., William T. Coleman, Jr., Philadelphia, Pa., for Joan Anderson and others.

John C. Satterfield, Yazoo City, Miss., for Judge William Harold Cox.

Erskine W. Wells, Jackson Miss., for intervenor Miss. State Bar.

Stephen J. Pollak, Asst. Atty. Gen., Lolis E. Elie, Atty., Dept. of Justice, Washington, D. C., amicus curiæ.

Before JOHN R. BROWN, Chief Judge, DYER, Circuit Judge, and GARZA, District Judge.

DYER, Circuit Judge:

We are called upon in these mandamus proceedings to determine the validity of the rule of the United States District Court for the Southern District of Mississippi limiting the pro hac vice appearance of out of state attorneys as applied in non-fee generating civil rights cases. That rule, which was promulgated on September 26, 1967,1 imposes three limitations upon such appearances:

(1) A pro hac...

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