Did a part-time prosecutor's prior work for defendants in related matters disqualify the whole prosecutor's office?

Plain-English summary

A prosecutor's office hired a part-time prosecutor who had earlier represented criminal defendants in related matters, though not in the criminal cases at issue. The office isolated the prosecutor from the files and case discussions.

The opinion said that prior involvement did not disqualify the entire office if adequate screening was maintained. It specified that other staff should know of the screen so they did not inadvertently provide information or bring the prosecutor into case discussions.

Currency note

This 1995 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 previous related representation disqualify the entire office?

A: No, if the part-time prosecutor was adequately screened from the two cases.

Q: What measures did the opinion identify?

A: Isolate the files and tell other staff about the screen to prevent information sharing or case discussions with the prosecutor.

Background and rules framework

The opinion addressed office-wide disqualification from a part-time prosecutor's prior defense representations. It conditioned its answer on an adequate screen and cited no numbered rule.

See also

• Missouri Informal Op. 20000161: Former defender screened from revocation case
• Missouri Informal Op. 20010068: Prosecutor disqualification

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/950175/

Original opinion text

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

QUESTION: A prosecutors office has hired a part time prosecutor who previously represented individuals who are criminal defendants. The prior representation was not in the criminal case but was in related matters. Efforts have been taken to screen the part time prosecutor from these cases by isolation from the file and not discussing the case. Does this create a conflict for the entire office? ANSWER: The prior involvement of the part time prosecutor in the two cases does not disqualify the entire office as long as adequate steps are taken to screen the part time prosecutor from these cases. In addition to isolating the file, other staff should be made aware of the screening so that information is not inadvertently provided or the part time prosecutor is not inadvertently brought into discussions about the cases.