Could a municipal prosecutor continue serving when one of several municipal judges was the prosecutor's relative?

Short answer The opinion allowed the prosecutor to continue without appearing before the relative. It also permitted an appearance before the relative, said the relationship should be disclosed formally, and left the judge's conduct undecided.

Bar

MOLEC

Issued

1995

Apply this to your situation

This page answers the general question as of 1995. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

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

A municipal prosecutor was related to one of several municipal judges and asked whether service could continue if the prosecutor did not appear before that relative.

The opinion allowed continued prosecutor service on that basis. It added that an appearance before the relative would not violate the Rules of Professional Conduct and that the prosecutor should disclose the relationship on the record or in another formal manner. The opinion expressly did not decide the judge's separate duties under the Code of Judicial Conduct.

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 family relationship end prosecutor service?

A: No. The opinion permitted continued service while the prosecutor avoided appearances before the relative.

Q: What if an appearance before the relative arose?

A: The opinion said the appearance would not violate the Rules of Professional Conduct and that the prosecutor should disclose the relationship formally.

Q: Did it decide the judge's duties?

A: No. It excluded the Code of Judicial Conduct question.

Background and rules framework

The opinion addressed the prosecutor's conduct under the Rules of Professional Conduct and identified formal disclosure of the relationship for an appearance before the relative. It cited no numbered lawyer rule and left the judge's conduct to other authority.

Citations and references

Judicial conduct rules:

Code of Judicial Conduct (question expressly left undecided)

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/950187/

Original opinion text

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

QUESTION: Attorney is a municipal prosecutor. Attorney´s relative is one of multiple municipal judges. May Attorney continue as municipal prosecutor if Attorney does not appear before Attorney´s relative? ANSWER: Attorney may serve as municipal prosecutor as long as Attorney does not appear before the relative. If a situation does arise in which Attorney is called upon to appear before the relative, Attorney may do so without violating the Rules of Professional Conduct. Attorney should disclose the relationship “on the record” or in some other formal manner. This opinion does not address the conduct of the municipal judge under the Code of Judicial Conduct.

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