May a municipal prosecutor prosecute police officers or other city employees?

Plain-English summary

A municipal prosecutor asked whether the office could prosecute police officers or other municipal employees.

The opinion finds a Rule 4-1.7(b) conflict when the defendant is a police officer because the prosecutor must rely on and work with the police department. For other city employees, it says a conflict may be absent if the prosecutor does not work regularly with the particular employee; that determination depends on the situation.

Currency note

The official page says Rule 4-1.7 was amended effective July 1, 2007, and Rule 4-1.11 was amended in 2001, 2007, and 2013. It says this 1997 opinion predates those amendments. Treat the answer as historical context and verify current rules before relying on it.

Common questions

Q: Why does the answer treat police officers differently?

A: It links the conflict to the prosecutor’s need to rely on and work with police officers in the municipal role.

Q: Is every prosecution of another city employee barred?

A: The opinion says the result depends on whether the prosecutor regularly works with that particular employee.

Background and rules framework

The answer cites Rule 4-1.7(b). The source notes later amendments to Rules 4-1.7 and 4-1.11.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-1.7(b)
• Rule 4-1.11 (source reference note)

See also

• Missouri Informal Op. 20000003: Police Investigation
• Missouri Informal Op. 20000200: Prosecutor and Defense

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/970074/

Original opinion text

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

Reference Note: Effective July 1, 2007, Rule 4–1.7 was amended. This opinion is based on Rule 4–1.7 in effect prior to that date.

Reference Note: Rule 4–1.11, Special Conflicts of Interest for Former and Current Government Officers and Employees, was amended effective Oct. 19, 2001; July 1, 2007; and Jan. 1, 2013. This opinion predates those amendments.

QUESTION: Attorney is the municipal prosecutor. May Attorney prosecute municipal cases against municipal employees, including police officers?
ANSWER: Attorney has a conflict of interest under Rule 4–1.7(b), when the defendant is a police officer. The conflict derives from the necessity that Attorney, as municipal prosecutor, be able to rely on, and work with, the members of the police department in Attorney´s role as municipal prosecutor. Attorney may not have a conflict regarding non-police municipal employees if the particular employee is not one with whom Attorney must work regularly in Attorney´s role as municipal prosecutor. Therefore, those situations will be dependent on the particular situation.