Informal Opinion Number: 20010074

QUESTION: Attorney is employed as a full time assistant county prosecuting attorney. May Attorney accept a position as a prosecutor in a municipal court, which is a municipality within the boundaries of the same county? The municipal court position requires the prosecution of cases in the evening municipal court. Would this present any conflicts?
ANSWER: Attorney will not have a general conflict of interest as a result of being the prosecuting attorney for the county and the city prosecutor for a city within the county. However, conflicts arise, from time to time, between municipalities and the prosecuting attorney’s office. These conflicts may be specific to a particular situation. They may also be generalized to particular types of offenses. Case specific conflicts could be handled by the appointment of a special prosecutor for one or both offices, on that case. If a generalized conflict developed, Attorney would need to resign from one of the offices.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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