Advisory Opinion:
2140
Year Issued:
2007
RPC(s):
RPCs 1.7 & 1.12
Subject:
Conflict of interest in serving simultaneously as Family Law Prosecutor and Court Facilitator
The inquirer is employed as a Family Law Deputy Prosecutor in a Washington County. She previously worked as a Family Law Court Facilitator for one or two days per month for the County Superior Court. She reviewed or prepared court documents for pro se litigants in family law cases which included child support modification and, on rare occasion, contempt.
The inquirer asks whether she may function periodically as a substitute Family Law Court Facilitator. She is concerned about possible conflicts of interest and appearance of impropriety.
It is the opinion of the Committee that the inquirer’s request is dealt with by RPC 1.12 and RPC 1.7. While the inquirer could assist an individual when she was acting as a substitute Family Law Court Facilitator, nevertheless it is possible that the individuals the inquirer helped in one circumstance might be individuals to whom she would later be adverse when the inquirer represents the county. The Committee concluded that if the inquirer undertook these additional activities, she may be at least in an apparent conflict of interest position under RPC 1.7 and 1.12. The inquirer may also be subject to additional rules of the county prosecutor’s office.
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