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Administrative Office of the Courts and Probation Calendar

03/28/2017 - 9:00am

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Question Presented: 

A city attorney should decline employment in civil cases where: (1) He would be opposing the city or any of its boards, committees or officials; (2) It conceivably could be his duty as city attorney, directly or indirectly, to prosecute; or (3) It would be his official duty to investigate; but that, otherwise, no restriction should be placed on a city attorney to accept proffered employment in civil matters.

Except where his appointment is made or employment approved by the Court in a pending criminal action, a city attorney is absolutely prohibited from defending parties formally charged with offenses in his city or elsewhere, except where, as city attorney, he prosecutes only very minor offenses and then, only if: (1) The defendant does not reside in the city for which he is the city attorney; (2) The charges do not involve his city or its ordinances; (3) The charges are based on investigations made by law enforcement officers, not employed by his city; and (4) The cases in which he acts, as defense counsel, do not involve the same types of violations, as those he prosecutes for the city.

This page was last modified on Tuesday, October 30, 2012