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.

Committee Opinion May 4, 1988