Ezel / Ethics Opinions / MOLEC

May a lawyer who occasionally serves as a municipal special prosecutor defend other municipal cases?

Short answer Yes, if appointments are case by case and the lawyer has no ongoing city relationship beyond possible future appointments. The opinion bars a contract or ongoing relationship for this arrangement.
Bar
MOLEC
Issued
2003

Apply this to your situation

This page answers the general question as of 2003. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2003
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The lawyer considered occasional appointment as a special municipal prosecutor when the regular prosecutor was conflicted and asked whether other municipal defense work would be barred.

The opinion says other defense work is not precluded if appointments are case by case and no ongoing city relationship exists, apart from possible future appointments. The lawyer must be appointed only in proper situations and cannot be on contract or have an ongoing city relationship.

In practice

The opinion conditions concurrent municipal defense work on the special-prosecutor role remaining occasional and case specific.

Common questions

Q: Does one special-prosecutor appointment bar other municipal defense work?

A: No, if the role is case by case with no ongoing relationship.

Q: May the lawyer hold a city contract?

A: No. The opinion excludes a contract or ongoing relationship with the city.

Background and rules framework

The published answer addresses the scope of a special prosecutor's relationship with the city without citing a numbered rule.

See also

Source

Original opinion text

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

QUESTION: Attorney is asked by City to serve as a “special prosecutor” for municipal cases when the regular municipal prosecutor has to be conflicted out. If Attorney does this on an occasional basis, does this preclude Attorney from representing other defendants on municipal charges?

ANSWER: If Attorney is appointed as “special prosecutor” on a case by case basis and does not have an ongoing relationship with the city, other than possible future appointments, Attorney would not be precluded from representing other defendants on municipal charges. However, Attorney must only be appointed as “special prosecutor” in proper situations. Attorney cannot be on contract nor have an ongoing relationship with the city.

What do the rules say today, for your facts?

This opinion is from 2003. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace