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:
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).