The Florida Bar

Ethics Opinion

Opinion 70-38

December 3, 1970
Advisory ethics opinions are not binding.
Absent the unavailability of other counsel, neither part-time city prosecutor nor members of his
firm may handle criminal defense work in any court.


Chairman Massey stated the opinion of the committee:
A member of The Florida Bar inquires, when having an associate as a city
prosecutor, part-time, whether he or other members of the firm may ethically
handle criminal defense work in courts other than the municipal court. This
inquiry must be answered in the negative.
The Committee takes note of the geographical area and attorney population from which
the inquiry originated. It is the consensus of the Committee that doubt exists as to any hardship
situations or scarcity of available attorneys therein.
In final analysis, the matter is determined by Florida Opinion 70-11 (released October 19,
1970) [since withdrawn] which prohibits a municipal prosecutor from serving in different
capacities in jurisdictions other than the municipal court for which he prosecutes, except in
limited hardship areas. This injunction applies to associates and partners within the same firm.