Informal Opinion Number: 970147

QUESTION: Attorney is a County Prosecutor. A police investigation has been submitted to Attorney´s office listing a municipal police officer as a suspect. Attorney and assistant prosecuting attorneys know the officer and have worked with the officer in the past on cases. Attorney currently has a case where the officer is a witness for the state. May Attorney make the determination as to whether or not criminal charges should be filed against the officer? If Attorney may not make such a determination, may Attorney make a presentation to a grand jury for it to determine whether or not an indictment will be issued? ANSWER: Based upon the information Attorney has provided, there is no per se conflict under Rule 4-1.7(b). Whether there is such a conflict depends on whether the relationship between Attorney´s office and the police officer will adversely affect Attorney´s ability to perform Attorney´s duties. OCDC recommends that Attorney seek a special prosecutor in this matter.

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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