Informal Opinion Number: 950076

QUESTION: May Attorney serve as municipal prosecutor for city A and as municipal judge for city B if both are within the same county? ANSWER: This general situation does not create a conflict of interest under the rules. A conflict of interest could arise in specific situations. This does not constitute an opinion regarding the Code of Judicial Conduct. Attorney would have to contact the Commission on Retirement, Removal and Discipline of Judges to request an opinion from that perspective.

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.

To request an Informal Opinion, please visit: http://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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