PROSECUTING ATTORNEY
Assistant Prosecuting Attorney Being an Attorney Against
Board of Regents L.E.I. 78-01

City Attorney Appointed to Represent Juveniles L.E.I. 81-03

90-02 THIS OPINION WAS VACATED BY THE LAWYER DISCIPLINARY BOARD ON SEPTEMBER 14, 2012

Opinion deals with when citizens could institute criminal warrants and investigations in Magistrate Court. This was changed by Rule 3 of the Magistrate Rules for Criminal Procedure which requires that all criminal complaints be presented to the Magistrate Court by a prosecuting attorney or law enforcement officer showing probable cause.

84-01 THIS OPINION WAS VACATED BY THE LAWYER DISCIPLINARY BOARD ON SEPTEMBER 14, 2012

This opinion was applicable when many prosecuting attorneys were still part time employees. If not actual conflict existed, the LEO suggested it was appropriate for the prosecutor to go forward with prosecution. But with the extent of prior representation of the accused by the prosecuting attorney in other prior matters, at a minimum, the appearance of an impropriety would exist if he or she were to proceed in the current prosecution. Opinion is therefore not appropriate today.

Imputed Disqualification L.E.I. 85-02
L.E.I. 92-01
Private Employment of Staff Attorney of PSC L.E.I. 81-04
Prosecuting Attorney and Assistants Representing P.I. Claimants L.E.I. 78-02
Prosecuting Attorney Representing Claimant in Court of Claims L.E.I. 83-04
Prosecuting Attorney representing Claimant Before
Workers' Compensation Commission L.E.I. 77-09
Prosecuting County Public Officials L.E.I. 90-01
Prosecutors and Assistant Prosecutors Same Firm L.E.I. 84-05
Prosecutors Engaging in Criminal Defense in Adjoining Counties L.E.I. 76-03
Representing a Client He Previously Investigated L.E.I. 86-03
Special Prosecutors Representing Other Clients L.E.I. 81-09
State Attorney Representing Citizen Recovering Fee from State L.E.I. 80-04
State Attorney Representing Client in Reparation Act Claim L.E.I. 83-08
Of Spouses in the Criminal Practice Area L.E.I. 85-06