Informal Opinion Number: 970111

QUESTION: Question 1. Attorney serves as part-time municipal judge. May a member of Attorney´s firm represent a criminal defendant in a state prosecution filed in circuit or associate circuit court where the events giving rise to the prosecution take place within the city limits. Nothing related to the case has been filed in municipal court. Question 2. Attorney serves as a part-time municipal judge. May Attorney represent a defendant in a state prosecution filed in circuit court arising from events which occurred within the city limits. Nothing related to the case has been filed in municipal court. Question 3. The circumstances are exactly the same as in question 1 except, there are other persons charged in a matter arising from the same events who are currently being prosecuted by the city in municipal court. Will recusal of Attorney as judge on the related municipal cases allow Attorney´s associate to accept the representation? ANSWER: Answer 1. Yes. Answer 2. Yes. Answer 3. No. The associate would violate Rule 4-1.7. For an opinion related to Supreme Court Rule 2, the Code of Judicial Conduct, the part-time municipal judge should contact the Commission on Retirement, Removal and Discipline of Judges.

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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