The Florida Bar

Ethics Opinion

Opinion 76-4

FLORIDA BAR ETHICS OPINION
OPINION 76-4
February 15, 1977
Advisory ethics opinions are not binding.
An assistant state attorney who, in his official capacity, receives certain confidential information
from law enforcement officers in connection with a criminal prosecution may ethically reveal
that information in a relative civil action against the law enforcement officers.
CPR:

Canon 4; EC 7-13
Chairman Sullivan stated the opinion of the committee:
An assistant state attorney acting in his official capacity receives certain
confidential information from law enforcement officers in connection with a
criminal prosecution. He asks whether Canon 4 of the CPR prohibits him from
revealing that information in a civil action against the law enforcement officers
resulting from the earlier criminal trial.

We are of the opinion that Canon 4 does not prohibit the assistant state attorney from
revealing such information in the civil trial. The state attorney represents the people, not the law
enforcement officer. See EC 7-13.