• CA (1976-40) Opinion addresses whether prosecutor can inform victim of possible civil remedies.
• DE (2003-01) Solicitor may not give legal advice to city police trial board and police association dealing with same disciplinary case.
• FL (1973-09) Not improper for full-time assistant state attorney to give legal advice concerning purely civil matters.
• FL (1994-02) Attorney may advise crime victims of existence of civil restitution lien remedy provided by 1994 Act, but attorney must also inform victim that attorney only represents state and should advise victims to seek independent counsel regarding their legal rights.
• NC (1994- RPC 189) Members of district attorney's staff may not give legal advice about pleas to lesser included infractions to unrepresented person charged with traffic infraction.
• OH (1990-10) Client of Child Support Enforcement Attorney is state, and custodial parent must be aware at outset of case that CSEA attorney only represents state’s interests.
  

• ABA Formal Op. 93-377. Opinion addresses propriety of attorney or attorney’s firm advocating position on substantive legal issues on behalf of one client that is directly contrary to position being advocated by attorney or attorney’s firm in another, unrelated matter.
• ABA Formal Op. 94-386R. Opinion addresses propriety of citing unpublished opinion where court rules prohibit such usage.
• ABA Formal Op. 84-1505. Opinion addresses attorney’s duty to disclose adverse legal authority.
  

• MI (1989-RI023) Acceptance of contribution from accused's close relative during election campaign for county prosecutor ordinarily is insufficient reason for county prosecutor later to abdicate official duties of office absent other circumstances indicating donation was intended to influence favorable treatment in particular matter.
• NY (1995-675) Assistant District Attorney may not participate in campaign activities on behalf of another person running for public office.
• OR (1991-36) Attorney may campaign for judicial office, provided he follows certain guidelines contained within disciplinary Rules.
• UT (1978-48) While attorney candidate for political office may not use endorsement statements of judge, he may use endorsement of former client if used for sole purpose of garnering votes provided endorsements are done in dignified manner.

COMPETENCY

CONSULTATION WITH ANOTHER ATTORNEY

• AL (1993-09) Prosecutor may represent estate of deceased homicide victim with consent of estate and supervisor.
• AZ (1985-6) District Attorneys office not considered “firm” for purposes of imputed disqualification.
• AZ (2000-09) No per se conflict when part time prosecutor works as law enforcement officer.
• AR (2003-02) Law partner of part time judge may handle criminal matter outside judge’s jurisdiction.
• DC (2001-308) Prosecutor who left private practice for government service owes continuing obligations to former clients.
• DE (2003-01) Solicitor may not give legal advice to city police trial board and police association dealing with same disciplinary case.
• FL (1966-01) Law partner of an assistant state attorney may not engage in criminal defense practice.
• FL (1964-72) Prosecuting attorney before county judge’s court may not act as defense counsel in criminal cases in same county.
• FL (1968-57) Conflict of interest exists when attorney serves as public defender and county prosecuting attorney simultaneously.
• FL (1969-26) Prosecutor should not sit as judge in court he normally prosecutes in.
• FL (1968-35) Not appropriate for associate of state attorney to take criminal defense appointment.
• FL (1970-38) Conflict of interest exists when part-time prosecutor or member of firm handles criminal defense work.
• FL (1972-48) No conflict of interest exists when county lacks number of attorneys needed to take criminal defense cases and newly appointed assistant state attorney and partner continue to serve as court-appointed defense counsel for indigents.
• FL (1975-14) Conflict of interest exists when firm of part-time assistant attorney represents public body in suit in which state attorney will be served with process for response on behalf of public.
• FL (1978-05) In some circumstances, attorney cannot serve as prosecutor when his partner serves as criminal defense lawyer.
• FL (1972-48) No conflict of interest exists when county lacks number of attorneys needed to take criminal defense cases and newly appointed assistant state attorney and partner continue to serve as court-appointed defense counsel.
• FL (1976-04) Prosecutor may use confidential information gained from law enforcement in criminal prosecution in relative civil action against law enforcement.
• GA (86-01) Conflict of interest created by dual employment by part-time solicitor.
• GA (86-03) No per se disqualification of county attorneys from representing criminal defendants, unless defendant charged with violation of county ordinance.
• IL (91-22) Lawyer who is part time state district attorney may not represent defendants in criminal matters in contiguous county.
• IL (94-16) Lawyer who represents criminal defendants may accept juvenile cases as Special Prosecutor with full disclosure and consent.
• IN (1963-11, 1964-01) Prosecuting attorney cannot represent private party in divorce case if state imposes statutory obligations upon prosecuting attorney in such cases.
• IN (1972-02, 1973-03) Prosecutor cannot represent criminal defendant accused of crime in any matter which involves same transaction or occurrence.
• IN (1963-12, 1964-02) Deputy prosecuting attorney who prosecutes in City Court cannot appear as defense counsel in criminal cases in Circuit Court.
• IN (1977-01) Part time deputy prosecutor cannot represent criminal defendants in private practice.
• IN (1979-05) Conflict exists where plaintiff’s counsel if prosecutor and is suing city in which he prosecutes in civil action or action involving police officer.
• IN (1979-06) Conflict exists where prosecutor represents plaintiffs in civil action against defendant who is being prosecuted in criminal action arising out of same set of facts.
• IN (1985-05) Conflict of interest exists when firm which has among its members deputy prosecuting attorney accepts representation of juvenile and parents against corporate defendant in civil cause of action arising out of set of circumstances which could result in criminal charges being brought against corporate defendant by office of prosecuting attorney.
• IN (1981-03) No conflict of interest when prosecuting attorney’s office represents petitioner in matter under Title IV-D of Social Security Act, who is also being criminally prosecuted by same office.
• IN (1981-07) Violation where part time prosecuting attorney representing civil client in matter involving collection of support.
• IN (1981-08) No violation where part time prosecuting attorney represents county welfare department in private practice.
• IN (1982-02) No ethical violations when prosecutor and criminal defense attorney engage in non-legal business relationships.
• KY (2000-E412) Partner of prosecutor may not represent criminal defendants in same county in which prosecutor acts as prosecutor.
• KY (1985-291) Assistant county attorney and partner/associate may not represent person on civil matter who is being prosecuted in same county for unrelated criminal offense.
• KY (1992- E 350) Prosecutor, partners and associates should not try defendants with whom prosecutor is embroiled in civil litigation.
• KY (1967- E 31) City prosecutor charged with prosecution of criminal offenses may not represent defendants in criminal cases.
• KY (1975-E 115) County Attorney may conduct both county business and private practice out of same office located in county courthouse.
• KY (2000-E 415) Part-time prosecutor may not represent respondent in matter involving civil domestic violence order.
• KY (1974-E 66) County Attorney may legally engage in practice of Workmen’s Compensation and related cases.
• KY (1975-E 113) Unethical for Assistant County Attorney, who is prosecutor, to be appointed Deputy Sheriff in order to make arrest rather than taking out warrants.
• KY (1975-E 124) Commonwealth’s attorney may not prosecute defendant on retrial of criminal charge, when defendant’s lawyer at first trial has joined office of Commonwealth Attorney.
• KY (1976-E 157) Assistant Commonwealth’s Attorney may in some circumstances after he has left office accept fee from victim’s family to continue prosecution.
• KY (1977-E 160) Assistant county attorney may not defend criminal cases in courts of county in which he is appointed to serve. Attorney’s partners may not defend criminal cases either.
• KY (1977-E 214) Prosecutor may not serve as prosecutor and trial commissioner simultaneously.
• KY (1979-E 215) Part-time assistant county attorney may not represent defendant in civil action to collect delinquent support payments.
• KY (1982-E 257) Attorney for Commonwealth may, in some circumstances, prosecute criminal action against defendant that was party to civil action in which Attorney for Commonwealth represented one party at time criminal complaint was filed.
• KY (1984-E 294) Proper for Commonwealth Attorney to represent party in contested custody matter where no criminal warrants have been issued.
• KY (1985-291) Assistant county attorney, partner or associate may not represent person in civil matter who is simultaneously being prosecuted in same county for an unrelated criminal offense.
• ME (1980-07) Conflict exists where District Attorney serves as counsel for defendants, County Sheriff and County Commissioner, in civil action brought by prisoner in County Jail.
• ME (1983-39) When one member of firm has been offered position as district attorney and accepted, other members of firm can no longer represent criminal defendants in that district.
• ME (1984-49) Improper for district attorney to represent town or taxpayer in abatement before county commissioners.
• MA (1978-01) Town prosecutor, nor any member of firm, may represent criminal defendant in trial or appeal of case in which town has an interest or case in which he, or any police or other officer of town is involved.
• MA (1979-04) No violation if member of District Attorney’s Office prosecutes former client of fellow district attorney, as long as client confidentiality is maintained.
• MA (1980-01) Law student may represent indigent defendant against prosecution by Commonwealth in one county while simultaneously prosecuting criminal case on behalf of Commonwealth in another county.
• MA (1981-08) No per se bar to representation of criminal defendants by firm that employs attorney whose spouse is assistant district attorney even in cases in which firm and assistant district attorney are opposing counsel of record.
• MA (1991-02) Law firms may handle cases for district attorney's office while simultaneously handling criminal defense work in same county so long as certain safeguards are observed.
• MI (1982-C225) Private lawyers selected from voluntary rotation list by city attorney's office may act as special prosecutors to prosecute misdemeanor ordinance violations on behalf of city attorney's office; as long as private lawyer's participation as special prosecutor is on pro bono basis, lawyer may also represent defendants charged with criminal offenses within jurisdiction.; where private lawyer acts as special prosecutor, another member of same firm may not represent defendant.
• MI (1991-RI112) Prosecuting attorney is not ethically prohibited from enforcing Incompatible Offices Statute against two of county's commissioners, notwithstanding that prosecuting attorney's office serves as general corporation counsel for county.
• MI (1992- JI56) Assistant prosecutor may not serve as part-time magistrate for district court.
• MI (1992-RI152) When prosecutor is disqualified from case because prosecutor was defense counsel of record in matter, no prosecutors who report to prosecutor may handle appeal for state.
• MI (1995-RI183) Prosecutor serving as legal advisor to Department of Social Services in child neglect matters has duty to evaluate whether circumstances exist which create conflict of interest requiring client consent or prosecutor's withdrawal.
• MI (1996-RI283) Prosecutor may establish pro bono legal services program for lawyer employees of prosecutor's office, but conflicts of interest may arise.
• MI (1996-RI280) Prosecutor who is representing prosecutor's spouse in negotiations with insurance company regarding claim may not prosecute arson cases in which insurance company is only remaining statutory crime victim.
• MS (1988-142) Conflict of interest exists when special appeals prosecutor simultaneously represents criminal defendant on appeal from city court.
• MS (1978-45) Part-time prosecuting attorney should not accept private employment arising from situation which he was actively engaged in as prosecuting attorney in employ of State.
• MS (1979-55) Conflict of interest exists when prosecuting attorney represents individual in reinstatement of driving privileges as result of attorney’s prosecution in lower court.
• MS (1982-70) Part-time county prosecutor may accept employment in civil proceeding for malicious prosecution when he was not involved in criminal prosecution regarding same facts.
• MS (1982-75) Improper for city attorney to also hold position of municipal court judge in same jurisdiction.
• MS (1985-111) Attorney practicing law with wife of Assistant District Attorney cannot accept cases within district served by District Attorney for whom Assistant is employed.
• MS (1986-120) Conflict arises when part-time county prosecuting attorney is member of firm considering taking cases dealing with those in which part-time prosecutor participates.
• MO (940158) Prosecutor’s office may not handle case where one of prosecutors represents individual in civil matter under criminal investigation; special prosecutor must be assigned to handle case.
• MO (950067) No conflict of interest exists where prosecutor for city X represents defendants in city Y before same judge.
• MO (950160) Under certain circumstances, prosecutor may practice as criminal defense lawyer.
• MO (950247) Prosecutor may serve as municipal judge and as assistant prosecutor in another county.
• MO (950251) Prosecutor may take family law cases if prosecutor is screened from participating in child support cases.
• MO (9500760) Specific conflict of interest does not arise where municipal prosecutor for County X serves as Municipal judge for county Y.
• MO (960050) Part-time prosecutor may not represent client in juvenile matter if conduct occurred within boundaries of city or city police were involved in investigating or responding to underlying situation.
• MO (960137) Prosecuting attorney who has hired new assistant, is not disqualified because of assistant’s former matters which are still pending as long as assistant is effectively screened.
• MO (970208) As long as no factors related to officer or employee’s relationship with Attorney’s Office that would affect Attorney’s objectivity or objectivity of assigned prosecutor, firemen, court personnel, and relatives of law enforcement may be prosecuted without assigning special prosecutor.
• MO (970220) Attorneys who are Business partners and prosecutors, should not prosecute case where one attorney is involved.
• MO (980126) Conflict of interest exists where prosecutor’s representation of personal estate is adverse to interests of Department of Social Services.
• MO (20000200) Part-time municipal prosecutor may defend municipal cases in other municipalities, as long as law enforcement officers from municipality, in which attorney is part-time prosecutor, were not involved.
• MO (20030005) Conflict interest may arise when part-time prosecutor represents criminal defendant.
• MT (1985-850820) Except as law may otherwise expressly permit, lawyer shall not represent private client in connection with matter in which lawyer participated personally and substantially as public officer or employee, unless appropriate government agency consents after consultation.
• MT (1988-881130) City attorney of city which has consolidated its law enforcement (now enforces both city and county law) may not defend criminal actions in county which are being prosecuted by county attorney.
• NE (1972-07) Part time county attorney may represent estate of regular client where he didn’t participate in investigation of death.
• NE (1972-13) City attorney whose duties include prosecuting violations of ordinances and state statutes may not properly represent anyone charged with crime.
• NV (1986-01) Private attorney who has partnership with deputy District Attorney may not defend any person charged with violation of ordinance or law.
• NH (1996-97/6) Part-time court prosecutor prohibited from representing criminal defendants in any court.
• NJ (1963-05) Attorney who serves as municipal prosecutor should be prohibited from appearing before mayor and council representing personal client.
• NJ (1963-08) Proper for attorney to represent client (where there is previous client attorney relationship and prosecutor had received recusal from prosecuting disorderly case involving client) with regard to preparation of separation agreement with wife's attorney, at instigation of latter.
• NJ (1963-08) Attorney serving as municipal prosecutor is serving as attorney for municipality and is prohibited from appearing against municipality.
• NJ (1963-19) Improper for member of bar at same time to act in interest of client and against client, even if areas of representation are entirely distinct.
• NJ (1964-32) Improper for attorney who is associate city solicitor to engage in civil matter arising from automobile accident, after processing in municipal court traffic violation charged in connection with said accident, even if attorney did not appear there in capacity as prosecutor.
• NJ (1965-73) Part time prosecutor who maintains private office in different district may use stationary and business cards given to him by district within which he is prosecutor.
• NJ (1965-568) Attorney cannot hold positions as both township solicitor and attorney to County Welfare Board.
• NJ (1967-104) Prosecutor may not, in consolidated criminal trial with two defendants, appear in defense of one defendant while prosecuting other.
• NJ (1967-106) Neither county attorney nor assistants can represent private clients in following situations: (a) appearing before county tax board, (b) represent defendant before magistrate in criminal proceeding which is an indictable offense in county which county counsel serves, (c) represent defendant indicted for crime in county, or (d) appearing before any agency of county on behalf of private client.
• NJ (1968-140) Any member of city’s law department who prosecutes cases in municipal court is not permitted to defend police officer in same court.
• NJ (1969-162) Assistant county prosecutor for county in which alleged offense took place may not represent plaintiffs in civil action against municipality, police department and individual members of same located in county for which he is assistant prosecutor.
• NJ (1971-191) No member of firm may represent criminal defendants in criminal matters in county where former partner is now full time prosecutor.
• NJ (1972-239) Where offense occurred outside of prosecutor’s municipality and accused resided outside of same municipality, prosecutor may represent accused in another municipality and before county court.
• NJ (1975-314) No conflict where prosecutor represents private client before Director of Division of Motor Vehicles in revocation hearing, provided offense didn’t occur in prosecutor’s municipality.
• NJ (1977-370) Improper for chief legal officer of government body to represent persons accused of violating law within same jurisdiction as officer is employed.
• NJ (1985-563) Improper for prosecutor’s firm to appear actively on behalf of judge in personal matters.
• NJ (2000-690) Active police officers may not accept appointment as municipal prosecutor.
• NM (1985-10) Assistant district attorney who lives in another district may prosecute traffic cases in district of residence.
• NY (1994-670) Part-time judge associated in private practice with assistant district attorney may not represent criminal defendants; associate/assistant district attorney may not practice before judge; other members of District Attorney's office may appear before judge.
• NY (1999-725) Assistant District Attorney may not appear before Town Justice who is sibling. Other attorneys in District Attorney’s office may appear before Town Justice.
• NC (1989-RPC 72) Attorney hired by Bureau of Indian Affairs to prosecute criminal charges before Tribal Court may represent defendants in state or federal court even if defendants have been arrested by members of Tribal Police Force.
• NC (1991-RPC 95) Assistant district attorney may prosecute cases while serving on school board.
• ND (1985-01) “City prosecutor in municipal court may appear as defense counsel in any criminal action in any court other than that which he, or any member of his firm, regularly appears as city attorney/prosecutor.”
• ND (1991-02) Part-time State’s Attorney is free to perform criminal defense work in counties other than that in which he holds prosecutorial appointment.”
• OH (87-04) While prosecuting attorney may not practice law in spouse’s courtroom, disqualification of one prosecuting attorney does not per se disqualify all other lawyers serving in office.
• OH (1988-08) Part-time prosecutor may not represent criminal defendants against state in private practice.
• OH (1988-013) Prosecuting attorney may appear before part-time municipal court judge who employs prosecutor’s assistant in private practice.
• OH (1989-23) Assistant county prosecutor also working as police officer must choose between positions only if one position is subordinate; moreover, he or she may not prosecute any case in which he may be called to testify.
• OH (1995-11) Not per se improper for different attorneys in same prosecutor’s office to simultaneously handle prosecutions of family or household members charged with committing domestic violence against each other.
• OK (1961-215) Acting County Attorney should maintain separate office in which to pursue private practice.
• OK (1932-32) Improper for city attorney to accept employment as special prosecutor in cases involving bank failures.
• RI (1990-36) Attorney may properly function as part-time assistant city solicitor provided as private attorney does not represent client with interest adverse to city.
• RI (1991-62) Representation as Assistant City Solicitor in lawsuit against another city and city official in individual capacity is permissible if consent of city is obtained.
• RI (1992-28) Attorney prohibited from assisting in prosecution of client.
• RI (1992-70) Assistant solicitor employed by municipality and under direct supervision of attorney employed by private practice cannot represent municipality in case where supervising attorney is representing opposing interest.
• RI (1993-88) Law firm that hires former prosecutor to do research cannot continue to represent private client in matter in which former prosecutor participated, unless proper screening takes place, former prosecutor takes no fee, and municipality is informed.
• RI (1994-13) Permissible for resigning prosecutor to continue to represent town in civil proceedings, even where future firm represents defendants in criminal cases, where consent is obtained from both parties.
• RI (1994-37) Part-time city solicitor is not per se prohibited from representing employee of same city in attorney’s private practice regarding non-city related matters.
• RI (1994-68) Prosecutor does not violate rules of professional conduct by representing town A in misdemeanor cases and taking employment for town B regarding similar cases.
• RI (1995-32) Law firm cannot represent client whose interests are adverse to town while associate of firm is city solicitor for town.
• RI (1995-59) When solicitor is also member of firm, if firm is representing client, solicitor cannot prosecute spouse of client in District Court.
• RI (2003-01) Town solicitor may represent individuals in civil action against families of two juveniles whom town is prosecuting if solicitor’s office does not represent town in prosecution of juveniles.
• SC (1977-02) Circuit solicitor who intends to become full-time solicitor may complete pending cases from private practice before taking on full-time position, but may not defend criminal cases.
• SC (1981-18) City attorney's partner who occasionally does criminal prosecutions in city court may defend clients in other courts unless city attorney is precluded from handling matter in those courts.
• SC (1982-07) City attorney's law partner who occasionally does criminal prosecutions in city court may defend clients in other courts unless city attorney is himself precluded from handling matter in those courts; lawyer should disclose his position as part-time prosecutor and obtain client's consent and he should also disclose on record his position as prosecutor, and court should determine if there is conflict or appearance of impropriety.
• SC (1982-26) While part-time assistant solicitor also employed by private law firm may not represent criminal defendants in any courts, other members of law firm may represent criminal defendants in courts outside county where part-time solicitor employed.
• SC (1985-21) County attorney may represent Department of Social Services, provided county attorney's office has no other involvement in child abuse and neglect proceedings.
• SC (1993-03) Former public defender who joins solicitor’s office may not discuss any cases on which he worked as public defender with any attorneys in solicitor’s office, except for generally known information about former client; where former public defender, now solicitor, worked on these cases, he should recuse himself from them and allow another solicitor to handle cases.
• SC (1993-22) Attorney retained by county to prosecute criminal cases in county magistrate courts made only by South Carolina Highway Patrol and county sheriff's department may defend persons charged with crimes in municipal court.
• SC (1997-41) Absent resignation, attorney who works part-time as special prosecutor should not represent party in civil action where tortfeasor is being prosecuted by solicitor's office in which attorney works; if attorney does resign, former solicitor may not file suit for private client against alleged tortfeasor in county where attorney served if attorney participated personally and substantially in matter concerning client and alleged tortfeasor while prosecutor unless solicitor's office consents after consultation; moreover, attorney may be barred from this representation because of information to which attorney had access.
• TN (1983-55) Not improper for District Attorney to prosecute welfare fraud after providing child support enforcement services to same person.
• TN (1986-107) If attorney disqualified from employment in particular matter then any partner or associated is also disqualified.
• TN (1987-11) Vicarious disqualification should be examined and determined by court on case-by-case basis.
• TX (1949-23) Member of firm (or partner) who is county attorney in county of firm's domicile may not defend person then being prosecuted for crime in another Texas county.
• TX (1951-37) Law partner of county attorney may not practice criminal law in district court of county in which his partner is county attorney.
• TX (1955-109) Prosecuting husband for child desertion precludes district attorney from representing wife in divorce action.
• TX (1956-132) Not improper for attorney to serve as district attorney without severing his membership in law firm so long as no member of firm takes civil or criminal case against state or county.
• TX (1958-183) Improper for district or county attorneys or county judges to accept employment in any case in which they are (1) acting adversely to state or county; (2) forbidden by statute to act; (3) employed because of their official capacity; or (4) engaging in activities which would interfere with full and efficient performance of official duties.
• TX (1958-187) Law partner of county attorney may not assist in defense of criminal case in district court.
• TX (1960-195) Improper for two attorneys to continue as partners when one is County Attorney and other is County Judge of same county.
• TX (1965-307) District Attorney (or law firm) may not ethically represent bonding company defendant in civil suit filed by county situated in district for misappropriation by county official after presentation by District Attorney of facts to grand jury.
• TX (1966-312) Unethical for prosecuting attorney to represent police officer in civil action for overtime wages when duty might require investigation or prosecution of criminal action arising out of same facts.
• TX (1967-332) Improper for public prosecutor to represent any party in civil matter arising out of occurrence which is subject of criminal investigation or prosecution within jurisdiction of such prosecutor.
• TX (1971-356) District Attorney should not use official stationery in personal practice.
• TX (1986-430) Attorney in district attorney's office may undertake representation of another attorney in office who is defendant in suit in federal court relating to matters arising in district attorney's office unless he or another attorney in office other than defendant attorney ought to be called as witness in suit.
• TX (1987-441) Attorney in county domestic relations office may not prosecute wife during or after prosecuting husband; instead, another attorney in county domestic relations office may prosecute wife provided that certain conditions are met.
• TX (1987-455) Improper for lawyer who represents plaintiff in civil suit alleging cause of action against defendant to assist in prosecuting criminal charge against same defendant.
• UT (1965-01) Deputy county attorneys should not be assigned to represent indigent defendants in other counties.
• UT (1972-06) City attorney whose position includes prosecutions may not defend those charged with misdemeanors and criminal offenses in other jurisdictions unless assigned to do so by court.
• UT (1972-10) Municipal attorneys in sparsely populated areas may represent criminal defendants in other municipalities.
• UT (1973-15) County attorney may not accept employment in civil matter where he had previously determined that there was not sufficient cause to bring criminal charges.
• UT (1973-16) County attorney may not represent persons accused of crimes in other states but may make available to attorney retained in other state information developed in private civil case which county attorney worked on.
• UT (1980-73) Municipal prosecutor may not represent criminal defendants in same circuit court district, even if defense is conducted in different divisions of court.
• UT (1994-126) City attorney with prosecutorial functions may not represent defendant.
• UT (1998-01) Prosecuting attorney acting as private practitioner should avoid engaging in civil action that involves parties and facts that have been or become subject of criminal investigation within prosecutor's jurisdiction.
• UT (2001-06) Private representation of individual by part-time county attorney at protective-order hearing is not per se violation.
• VT (1988-09) Improper for member of firm to act as part-time prosecutor in one County, while this attorney and other members of firm are conducting criminal defense work in other Counties.
• VT (2001-11) Attorney, who holds position as part-time State’s Attorney and has separate private practice, may represent private party in litigation where State is opposing party and litigation is not related to attorney’s position as State’s attorney.
• VT (2003-03) Under limited circumstances, attorney who is "of counsel" to firm may work part-time as Assistant Attorney General, when firm and Attorney General's office represent adverse parties in litigation not related to work of attorney for State.
• WA (1950-1) Not proper for attorney to accept employment representing client in civil suit if attorney has prosecuted someone arising out of same transaction or occurrence.
• WA (1959-59) No conflict where attorney, who works for county or state in position of prosecuting attorney, takes position in another public office for same county or state.
• WA (1960-74) Not unethical for prosecuting attorney to represent plaintiff in civil action where adverse party is represented by deputy prosecuting attorney where such deputy maintains separate offices in adjoining city.
• WA (1965-132) Not proper for judge, prosecuting attorney or city attorney who has tried or prosecuted defendant in criminal case to then represent plaintiff in claim against same defendant involving same transaction or occurrence.
• WA (1971-149) Not unethical for lawyer to serve as prosecuting attorney and city councilman simultaneously.
• WV (1977-09) Improper for prosecutor or member of his staff to prosecute an action on behalf of private client against Workmen’s Compensation Commissioner.
• WV (1978-01) Prosecuting attorney may engage in private civil practice, but lawyer who attempts to act in both capacities should not accept private employment which is inconsistent with or antagonistic to public employment.
• WV (1978-02) Improper for prosecuting attorney to represent any parties to accident in civil suit where prosecutor has investigated accident but determined that criminal prosecution was not warranted.
• WV (1983-04) Not ethically proper for prosecuting attorney to represent claimant in matter before Court of Claims.
• WV (1985-2) Lawyers serving together in prosecuting attorney’s office are not members of “law firm” for purposes of imputed disqualification.
• WV (1992-01) When prosecuting attorney is disqualified for any reason, that disqualification is imputed to entire office.
• WV (1993-03) Prejudicial to administration of justice for municipal judge to be employed simultaneously as assistant prosecuting attorney.
• WI (1965-1) District Attorney prohibited from representing client whose land is taken in condemnation proceedings through highway commission.
• WI (1975-17) Full-time district attorney may not also work in private practice.
• WI (1979-08) Where local ordinance incorporates state statute, neither district attorney nor his partner should defend ordinance violation.
• WI (1986-15) Lawyers who take positions at district attorneys office (after practicing defense work) must disclose all information to firm and district attorneys office and are disqualified from working on all matters accepted by former firm prior to departure.
• WI (1986-18) District Attorney can prosecute cases assigned to public defender’s office prior to their resignation from same office only when they had no actual knowledge of case.
• ABA Information Op. 1285. Opinion addresses propriety of municipal attorney representing criminal defendants in criminal cases.
• ABA Information Op. 1432. Opinion addresses propriety of lawyer continuing to serve as part-time prosecutor when member of his civil law firm advises persons who are impacted by laws part-time prosecutor is charged with enforcing.
• ABA Formal Op. 93-372. Opinion addresses propriety of requesting future conflicts of interests.

• AL (1990-05) In child support cases, attorney is vicariously disqualified when another prosecutor was substantially involved in matter.
• AL (1994-10) District attorney is not vicariously disqualified even though newly employed assistant has participated in criminal cases as defense counsel so long as new assistant is adequately screened from participation.
• KY (1976- E 153) Prosecuting attorney who has represented party in divorce action may not subsequently participate in prosecution of adverse party under KRS 530.050 for non-support of children of marriage.
• KY (1982-E 257) Attorney for Commonwealth may prosecute criminal action against defendant that was party to civil action in which Attorney represented one of parties at time criminal complaint was filed.
• MO (940152) Special prosecutor not required where prosecutor has social relationship and previous attorney/client relationship with victim.
• RI (1995-34) To have conflict of interest between former client and present client, matters must be same or substantially related.
• SC (1997-12) Because all indictments handed down during former Solicitor's term were done under his supervision, former elected Solicitor has conflict under Rule 1.11 in representing persons indicted while he served as Solicitor; however, conflict can be waived by State.
• SC (2003-02) Because attorney’s former representation of Army officer not appear to be substantially related to present criminal charges against officer and attorney learned no confidential information relating to present criminal charges, attorney may serve as prosecuting attorney in Army’s criminal case against Army officer.
• TX (2001-538) Newly elected district attorney is prohibited from prosecuting both motion to revoke probation in case where he served as defense counsel in original proceeding and new charges against former client without former client’s consent.
• WV (1984-00) It is not necessary for prosecutor to disqualify himself when accused is former client, provided that relationship between two had been terminated prior to criminal charges.
• WI (1986-08) District Attorney’s former substantial or total responsibility for representing persons in matters still pending involving that attorney’s office requires disqualification of office.

• MI (1990-RI043) Assistant prosecutor previously employed as judicial clerk is disqualified from representing prosecutor's office before that court in matter involving lawyer's personal or substantial participation as clerk; when assistant prosecutor is disqualified from court proceeding because of prior involvement with case as judicial clerk, and disqualified lawyer holds supervisory position in prosecutor's office, entire staff of prosecutor's office is disqualified from all those proceedings to which individual disqualification applies, unless prosecutor's office can demonstrate mechanism for screening tainted lawyer from participation in case.
• NY (1995-672) Partners may hold positions as assistant district attorney and confidential law clerk to County Court judge provided that confidential clerk may not appear before any judge of County Court or practice criminal law and assistant district attorney may not appear before County Court judge employing confidential clerk, although other members of District Attorney's staff are not so restricted.

DISCIPLINARY RULES, APPLICABILITY OF

DISCOVERY, ISSUES RELATED TO (See also Evidence, Disclosure, Receipt or Use of)

• CA (1989-106) Opinion addresses propriety of dismissal conditioned on defendant stipulating that there was probable cause for arrest and relieving police from civil liability.
  
• CO (1982 & 1995-62) Ethical considerations arising from prosecutor’s dismissal of criminal charges for release of civil claims.
  
• NC (1995-RPC 204) Prejudicial to administration of justice for prosecutor to offer special treatment to individuals charged with traffic offenses or minor crimes in exchange for charitable contribution to local school system.