OPINION NO 6

DEFENSE OF CRIMINAL CASES BY MUNICIPAL ATTORNEYS

Repealed:  January 26, 2006

It is improper for a city or municipal attorney to accept the defense of a criminal case arising within the limits of the city or municipality which he serves.  It is not improper for a city or municipal attorney to accept the defense of criminal cases in other areas provided he is not required to challenge the validity of a state statute which he would otherwise be required to support while acting in his capacity as a prosecutor, and provided there is no other actual conflict of interest.  If such a challenge or conflict arises, he should withdraw from the case.

In any event, defense counsel who is also a city or municipal attorney shall scrupulously refrain from any reference to his position as a city or municipal attorney in the course of all proceedings.

Adopted:  June 26, 1974.
Repealed:  January 26, 2006.

Related authorities and other resources: Incorporated in Comment 1 of Rule 1.11, Minnesota Rules of Professional Conduct (Oct. 2005).