Ethics Opinions
Iowa Supreme Court Board of Professional Ethics and Conduct
Date of Opinion:
06/20/2001
Opinion Number:
01-01
Title:
COUNTY ATTORNEY: SPECIAL PROSECUTOR
Opinion:
You ask whether a special prosecutor is subject to the restrictions of DR 8-101(B).
The language in the disciplinary rule reads as follows:
“County attorneys and assistant county attorneys shall not engage in the defense of an accused in any criminal matter during the time they are holding this public office.”
It is the opinion of the Board that a special prosecutor stands in the shoes of the county attorney and therefore may not engage in the defense of an accused in any criminal matter during the time he serves as special prosecutor.
See
Iowa Code §§ 331.754, 331.757, and 331.759 (2001).