Informal Opinion Number: 970208

QUESTION: Attorney is the city prosecutor of a large city. The city employs hundreds of police officers and thousands of other city employees. Attorney has read informal opinion number 970074 and interprets it to say that Attorney´s office cannot prosecute police officers, requiring appointment of special prosecutors. Attorney´s office frequently prosecutes firemen, court personnel and family members of the law department. Would it be possible for Attorney´s office to prosecute the group listed as long as the parties are personally unknown to the prosecutor. ANSWER: As long as there are no factors related to an officer or employee´s relationship with Attorney´s office that would affect Attorney´s objectivity or the objectivity of the assigned prosecutor, these individuals may be prosecuted by regular staff of Attorney´s office. This opinion should not be viewed as approving or disapproving representation by Attorney´s office in any specific fact 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.

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

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