1972, April, Pg. 47. ETHICS.

1 Colo.Law. 47

Colorado Lawyer

1972.

1972, April, Pg. 47.

ETHICS

471972, April, Pg. 47ETHICSOpinions of the Ethics Committee of the Colorado Bar Association are published here for the information of the members of the Association. Formal opinions are given on matters of general and continuing interest to the Bar. Informal opinions are given in response to specific inquiry.Informal Opinion:6-16-71Topic:District Attorneys; Representation of Criminal Defendant; Partners of District Attorney.Digest:A partner of a district attorney may not ethically represent persons charged with misdemeanors in the district in which the district attorney serves.Question:Is it unethical for partners of the Assistant District Attorney to represent persons charged with misdemeanors in the Municipal Court in the same district?

Opinion:The facts presented are closely analagous to those considered by this committee in its formal Opinion No. 46. The Canons, Ethical Considerations, and Disciplinary Rule discussed therein are directly applicable to the instant inquiry. Thus the Assistant District Attorney cannot ethically represent persons charged with misdemeanors in the Municipal Court since such representation would create an appearance of professional impropriety.

The Ethical Considerations to Canon 8 of the new Code state: "A lawyer who is a public officer, whether full or part-time, should not engage in activities in which his personal or professional interests are or foreseeably may be in conflict with his official duties." EC 8-8.

In addition, Disciplinary Rule 8-101(A) (2) of the Code of Professional Responsibility requires that:"A lawyer who holds public office shall not: .. . use his public position to influence, or attempt to influence, a tribunal to act in favor of himself or a client."

A District Attorney must give his undivided loyalty to the district which he serves and its agents or employees. The American Bar Association Committee on Professional Ethics and Grievances has consistently condemned the defense of criminal cases by city attorneys. See Opinion 34, dated March 3, 1931 as amended by Opinion 186, dated July 24, 1938.

Canon 9 of the new code of Professional Responsibility clearly requires a lawyer to "avoid even the appearance of impropriety." A District Attorney must scrupulously avoid any conduct which could lead the...