Opinion Letter No. 229-74
Contents of letter
June 18, 1974
Honorable Kenneth J. Rothman
Representative, District 77
90 Aberdeen Place
Clayton, Missouri 63105
Dear Representative Rothman:
This letter is in response to your question asking:
"Whether under the Public Defender Bill, it would be a conflict of interest or impermissible for an employee of the Public Defender's Office working part-time under a federal grant and handling misdemeanors only to represent private non-indigent clients in felonies and misdemeanors in the same circuit as the one in which he is a part-time attorney for the Public Defender's Office."
It is our view that such a question should be directed to the Missouri Bar Advisory Committee in view of the authority to rule on such questions given to the Committee under Supreme Court Rule 5.16.
We note that the Committee has already ruled in this area in that in an informal opinion issued January 16, the Committee held that.". . . since the Assistant Public Defender himself cannot defend a criminal defendant for a fee this prohibits his partners from doing so as well. ." A copy of that opinion is enclosed.
Very truly yours,
John C. Danforth
Attorney General