In all matters involving governmental interests and differing interests except for the question of district attorneys’ and state prosecutors’ ability to represent criminal defendants, the question of a conflict of interest is a factual one to be examined and determined on a case-by-case basis.
The Board hereby modifies Formal Ethics Opinion 86-F-107(a) to exempt therefrom the question of district attorneys, assistant district attorneys and other state prosecutors’ representation of criminal defendants. This conflicts of interest question is addressed in Formal Ethics Opinion 2002-F-146. All other provisions of Formal Opinion 86-F-107(a) remain in effect.
This 8th day of March, 2002.
THE ETHICS COMMITTEE:
Kim A. McMillan, Chair
Michelle A. Benjamn
Jack W. Robinson, Jr.
APPROVED AND ADOPTED BY THE BOARD