LEO: Commonwealth's Attorney - Conflict of LE Op. 1070
Commonwealth's Attorney - Conflict of Interest.
May 4, 1988
You advise that you are special justice, pursuant to § 37.1-88 of the
Code of Virginia, in a certain circuit and would like to accept the
position as an assistant Commonwealth's attorney in an adjoining circuit.
While there is nothing directly on point in the Code of Professional
Responsibility, the Committee opines that it would not be proper for you
to hear any cases as a special justice involving any individuals which you
prosecuted as an assistant Commonwealth's attorney or any cases with which
you were involved as an assistant Commonwealth's attorney in the other
circuit. The Committee does advise that the provisions of Canon 8 merit
consideration and the exercise of sound judgment.
The Committee would also advise you to seek guidance from the judiciary
Committee Opinion May 4, 1988