LEO: Part-Time Commonwealth Attorney -  LE Op. 562


Part-Time Commonwealth Attorney - Partnership With Assistant

Commonwealth Attorney - Conflict of Interest.


April 10, 1984


Prior to his election as part-time commonwealth's attorney, an attorney

represented a defendant in a criminal matter brought within his elected

jurisdiction. It would now be improper for the attorney to represent the

commonwealth in prosecuting co-defendants of his former client. It would

also be improper for the Assistant Commonwealth Attorney to prosecute the

co-defendants, as the Assistant shares a private law practice with the

Commonwealth Attorney and is, therefore, vicariously disqualified from

representing the Commonwealth. [ DR:5-105(A), (E)]


Committee Opinion April 10, 1984