Could a county prosecutor prosecute someone who injured a county employee when the county might seek civil subrogation?

Plain-English summary

A county prosecutor’s office faced a criminal case arising from injury to a county employee. The county or insurer might have a workers’ compensation subrogation claim against the suspect.

The opinion found no conflict preventing the office from handling the prosecution. If it did, however, the office could not also handle the civil matter.

Currency note

This opinion was issued in 2000, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments.

Common questions

Q: Could the office prosecute?

A: Yes. The opinion found no disqualifying conflict for the criminal matter.

Q: Could it also handle the civil recovery?

A: No, not if the office handled the prosecution.

Background and rules framework

The published answer separated criminal prosecution from the county’s potential civil subrogation claim without citing a numbered rule.

See also

• Missouri Informal Op. 20000200: Prosecutor Defense Limits

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/20000177/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney is the elected prosecutor in a third class county. Attorney´s office has been presented with a police report regarding an accident in which a county employee was severely injured, through the alleged fault and criminal responsibility of another person. The injury occurred during the employee´s employment and is being handled as a workers compensation injury. The county/insurance carrier might have a subrogation right against the suspect to recover the workers compensation benefits paid. May Attorney´s office properly proceed with the prosecution of the alleged suspect in view of the potential subrogation claim?

ANSWER: Attorney does not have a conflict of interest that prohibits Attorney, or someone in Attorney´s office, from handling the prosecution of this matter. However, if Attorney´s office handles the prosecution, Attorney´s office may not handle the civil matter.