Informal Opinion Number: 970074

Reference Note: Effective July 1, 2007, Rule 4-1.7 was amended. This opinion is based on Rule 4-1.7 in effect prior to that date.

Reference Note: Rule 4-1.11, Special Conflicts of Interest for Former and Current Government Officers and Employees, was amended effective Oct. 19, 2001; July 1, 2007; and  Jan. 1, 2013.  This opinion predates those amendments.

QUESTION: Attorney is the municipal prosecutor. May Attorney prosecute municipal cases against municipal employees, including police officers?
ANSWER: Attorney has a conflict of interest under Rule 4-1.7(b), when the defendant is a police officer. The conflict derives from the necessity that Attorney, as municipal prosecutor, be able to rely on, and work with, the members of the police department in Attorney´s role as municipal prosecutor. Attorney may not have a conflict regarding non-police municipal employees if the particular employee is not one with whom Attorney must work regularly in Attorney´s role as municipal prosecutor. Therefore, those situations will be dependent on the particular situation.

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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