May a part-time municipal judge’s firm defend cases in that municipal court if the judge recuses?

Short answer The opinion says firm members have a conflict in opposing the city in municipal court while their colleague is the city’s municipal judge, even with recusal. It directs judicial-conduct questions to the judicial commission.

Bar

MOLEC

Issued

1997

Apply this to your situation

This page answers the general question as of 1997. 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 part-time municipal judge asked whether other firm lawyers could represent municipal defendants if the judge recused from their cases.

The opinion says it would be a conflict for any firm member to oppose the city in municipal court while the lawyer serves as its municipal judge. It confines its answer to lawyers’ professional-conduct rules and refers questions about the Code of Judicial Conduct to the judicial commission.

Currency note

This opinion was issued in 1997, before Missouri’s 2007 revisions to the Rules of Professional Conduct. 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: Does the answer allow the firm’s defense work if the judge recuses?

A: No. It still describes a conflict for any firm member opposing the city in municipal court.

Q: Did the opinion decide a judicial-conduct question?

A: No. It said its answer was limited to lawyers’ professional-conduct rules and directed the judicial-conduct question to the judicial commission.

Background and rules framework

The published answer identifies a firm conflict without citing a numbered rule. It expressly separates that answer from any Code of Judicial Conduct issue.

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/970068/
Rule revision reference: Missouri Informal Opinion 970082

Original opinion text

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

QUESTION: Attorney is a part time municipal judge. May members of Attorney´s firm represent defendants in municipal court if Attorney recuses on those cases? ANSWER: It would be a conflict for any member of Attorney´s firm to oppose the city in municipal court matters while Attorney is Municipal Judge for the city. This opinion only relates to the Rules of Professional Conduct for attorneys. Attorney would need to contact the judicial commission for an opinion related to the Code of Judicial Conduct.

What do the rules say today, for your facts?

This opinion is from 1997. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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