Opinions of the General Counsel, 0920 ALBJ, Vol. 81 No. 5 Pg. 380 (September, 2020)

PositionVol. 81 5 Pg. 380

OPINIONS OF THE GENERAL COUNSEL

No. Vol. 81 No. 5 Pg. 380

Alabama Bar Lawyer

September, 2020

Roman A. Shaul roman.shaul@alabar.org

Imputed Disqualification-Part-Time Judges and Part-Time Assistant District Attorneys

QUESTIONS:

1. May a partner or associate of a part-time municipal court judge represent clients in municipal court provided that the matter is unrelated to any matter presided over by the partner as a part-time municipal court judge?

2. May a partner or associate of a part-time assistant district attorney represent criminal clients within or outside the jurisdiction of the part-time assistant district attorney?

ANSWERS:

1. Pursuant to Rule 1.10, Alabama Rules of Professional Conduct, a partner or associate of a part-time municipal court judge may not represent a client in municipal court regardless of whether their law partner has or may have had any involvement as a part-time municipal court judge.

2. A partner or associate of a part-time assistant district attorney may only represent criminal clients in matters in courts not within the jurisdiction of their law partner and that are unrelated to any matter handled by the part-time assistant district attorney.

DISCUSSION:

The use of part-time municipal court judges and part-time assistant district attorneys is prevalent throughout Alabama, especially in more rural areas of the state. Oftentimes, the attorneys who serve in these roles are members of firms in which the firm's other members continue to represent criminal clients. Clearly, attorneys who serve as either a part-time municipal court judge or part-time assistant district attorney are ethically prohibited from representing criminal clients within the jurisdiction in which they serve. In the case of a part-time assistant district attorney, the attorney is also prohibited by statute from representing criminal clients anywhere in the state. The more difficult issue is how other members of the firm are affected by a law partner or associate's service as a part-time municipal court judge or part-time assistant district attorney.

Specifically, the issue before the Disciplinary Commission is whether the disqualification of the part-time judge or part-time assistant district attorney is imputed to the remaining members of the firm pursuant to Rule 1.10(a). Rule 1.10(a), of the Alabama Rules of Professional Conduct, provides as follows: RULE 1.10 IMPUTED DISQUALIFICATION: GENERAL RULE

(a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7,1.8(c), 1.9 or 2.2.

In RO-1999-03, the Disciplinary Commission held that law partners may represent criminal defendants in municipal court, even though a law...

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