LEO: Commonwealth's Attorney - Support and LE Op. 420


Commonwealth's Attorney - Support and Custody Proceeding -

Conflict of Interests.


August 13, 1981


It is not ethically improper for a part-time Commonwealth's Attorney to

represent the mother of a child in a petition for custody brought by the

former husband pursuant to 16.1-241, Va. Code. This is permissible

even if the former wife has filed for support under the Uniform Reciprocal

Enforcement of Support Act, and the part-time Commonwealth's Attorney has

the responsibility under 20-88.23(b), Va. Code, to represent the

mother, if requested by the court. If the attorney is not requested by the

court, II: DR:5-105(A) and DR:9-101(B) are inapplicable, and the

attorney can ethically represent the mother for enforcement of the support



Committee Opinion August 13, 1981