92-17.

• Case Date: October 06, 1992
• Court: Kansas

Kansas Ethics Opinion 1992. 92-17. October 6, 1992KBA Legal Ethics Opinion No. 92-17TOPIC: Municipal Judge handling private and court-appointed county criminal defense matters. DIGEST: Municipal judges are not precluded under the Model Rules from representing criminal defense clients in other courts if the accused knowingly consents after consultation, the attorney is satisfied that he/she can represent the client without interference with the attorney's independent judgment due to one's service on the municipal bench, and counsel has o substantial responsibility in the operation of the courts in which he or she appears as defense counsel. Previous opinions to the contrary are hereby withdrawn. REF: MRPC 1.7. Date of Request: October 6, 1992 The function of the Kansas Bar Association's ethics advisory service is to respond to inquiries from Kansas lawyers concerning proposed conduct. The limitations on the service do not allow us to render an opinion regarding past conduct or the conduct of someone other than the inquirer. Any opinion approved for release by the Professional Ethics-Advisory Committee or the Kansas Bar Association will be limited to interpretation of the Rules of Professional Conduct, as augmented by clear judicial case law statement. It is not within the committee's province to conduct extensive decisional research or express an opinion as to any question of law applicable to the contemplated conduct which is the subject of an inquiry. The following constitutes only the opinion of the Committee on Ethic-Advisory Services, and is not in any way intended to be a guarantee of a particular result or a conclusion by appropriate legal or disciplinary authorities. Further, this letter constitutes the Committee's opinion based upon the facts and information contained in correspondence referenced above. It is based upon a review of the Model Rules of Professional Conduct, and applicable case law. This opinion is not a grant of immunity from any form of legal or disciplinary proceeding. The Kansas Bar Association expressly disclaims any liability in connection with the issuance of this opinion. FACTS A lawyer was appointed municipal judge. He also handles private and court-appointed criminal defense matters in the county where the city is located. Many criminal defense matters are investigated by the city police department then filed in county criminal courts. QUESTION...