Could a city prosecutor defend an out-of-city felony case involving no city officers?

Plain-English summary

A city prosecutor was asked to defend two felony charges. The offense occurred beyond the city's boundaries, and no law-enforcement officer from that municipality was involved.

The opinion answered yes to representation of the defendant on those stated facts. It gave no further conditions or numbered rule.

Currency note

This 1994 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Did the opinion allow the defense?

A: Yes, on the stated out-of-city facts.

Q: What location and officer facts did it identify?

A: The offense arose outside the city and no municipal law-enforcement officer was involved.

Background and rules framework

The opinion addressed a city prosecutor's proposed defense of an outside-city felony case with no municipal officers involved. It cited no numbered rule.

See also

• Missouri Informal Op. 940074: Part-time city attorney's local felony defense
• Missouri Informal Op. 950160: Part-time prosecutor private-case limits

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940051/

Original opinion text

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

QUESTION: Attorney is a city prosecutor. Attorney has been asked to represent a defendant on two felony charges. The criminal offense occurred outside the boundaries of the city for which Attorney is city prosecutor. No law enforcement officers for that municipality were involved in the case. May Attorney represent the criminal defendant? ANSWER: Yes.