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Opinion 14-05 |
Conflict of Interest | Conflict of Interest - Personal Interests | Government Representation | Prosecutors
A State’s Attorney may represent his county in union negotiations while simultaneously calling law enforcement personnel as witnesses in criminal cases provided the attorney has completed an analysis of any conflicts of interest pursuant to Rule 1.7 of the Illinois Rules of Professional Conduct.
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Opinion 14-02 |
Communication With Unrepresented Person | Plea Agreements | Prosecutors
In any criminal proceeding, a prosecutor may convey a plea offer to a pro se defendant prior to a court proceeding, regardless who initiates the contact. The communication must simply convey the plea offer and not make any recommendations as to the value of the offer. The communication must also identify that the prosecutor is not disinterested, clarify any misconception the person may have about the prosecutor's role and advise the person about the right to secure counsel.
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Opinion 13-07 |
Conflict of Interest | Government Representation | Prosecutors
A lawyer may not serve concurrently as a municipal prosecutor and as an administrative hearing officer for that same municipality.
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Opinion 03-06 |
Contingent Fees | Division of Fees | Prosecutors
Law firm can properly pay former partner share of contingent fee earned after partner left firm to become State’s Attorney as long as payment is part of separation agreement under Rule 1.5(j) and payment does not violate public policy concerns; former partner’s disqualification from private practice as State’s Attorney does not bar payment to former partner of share of fee earned by firm after partner withdrew when paid as part of separation agreement; former partner sharing fee under Rule 1.5(j) need not retain responsibility for matter, share fee proportionally to service performed, get client consent or make disclosures required for fee sharing, all as required by Rules 1.5(f) or (g) .
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Opinion 94-16 |
Government Representation | Prosecutors
A lawyer who represents criminal and traffic defendants may accept individual juvenile cases on behalf of the State's Attorney's Office as Special Prosecutor, but only with full disclosure and consent of any affected clients.
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Opinion 93-12 |
Ex Parte Communications | Prosecutors
It is improper for a state's attorney to communicate ex parte with a judge to obtain an emergency stay of a bail reduction order, except as provided for by statute.
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Opinion 93-08 |
Conflict of Interest | Prosecutors
State's Attorney may retain interest in land trust which leases office space to former law partners who may be adversaries in criminal cases, provided each attorney properly discloses the nature of his interest and the potential conflict and obtains client consent.
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Opinion 92-19 |
Prosecutors
It is improper for a part-time Assistant State's Attorney assigned to prosecute criminal matters to simultaneously or subsequently represent individual(s) in civil litigation arising out of a criminal matter he or she prosecuted.
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Opinion 92-18 |
Conflict of Interest | Lawyer Representing Lawyer | Prosecutors
An attorney whose firm represents prosecutors in civil matters is not disqualified per se from opposing those prosecutors in criminal cases.
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Opinion 91-27 |
Board of Directors | Law Reform Activities | Prosecutors
A state's attorney's duty to represent the county clerk in the latter's official capacity does not prevent an assistant state's attorney who is president of a non-profit organization from urging the legislature adopt an amendment to statute even though the county clerk is opposed to the amendment.
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Opinion 91-22 |
Prosecutors
Lawyer who is a part time Assistant State's Attorney engaged in criminal work, may not represent defendants in criminal matters in a contiguous county absent appropriate consent if a conflict of interest exists.
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Opinion 91-01 |
Conflict of Interest | Prosecutors
It is not professionally improper for a part-time public defender and criminal defense lawyer in County A to accept individual cases from the State's Attorneys Appellate Prosecutor's Office to write briefs on behalf of the state involving criminal or civil matters, but only with full disclosure and consent of affected clients.
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Opinion 90-29 |
Prosecutors
Lawyer who is a part time Assistant State's Attorney, engaged in felony work, should not represent prisoners in civil rights actions against law enforcement officials of an adjacent county.
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Opinion 89-04 |
Communication With Represented Person | Prosecutors
It is professionally improper for newly elected State's Attorney to continue and expand his predecessor's direct communication with accused person represented by counsel without consent of lawyer for the accused.
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Opinion 89-02 |
Prosecutors | Referral Fees and Arrangements
A State's Attorney may not accept a referral fee in a wrongful death case where a violation of a city or county ordinance is in question.
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Opinion 88-10 |
Communication With Represented Person | Prosecutors
It is improper for a State's Attorney to communicate with a person he knows to be represented by counsel, who has admitted allegations of charges and has been placed under court supervision, where the communication is regarding other parties to the same incident without the prior consent of the lawyer representing A.
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Opinion 86-04 |
Government Representation | Prosecutors
Lawyers of a law firm may act as criminal defense counsel where other lawyers of firm act as Special Assistant State's Attorneys in the same county where the nature of the latters' work is unrelated to that of the former and if both clients consent after full disclosure. A public entity may grant consent to partners or associates of a part-time public lawyer to work on unrelated matters.
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Opinion 86-02 |
Prosecutors
A part-time assistant state's attorney primarily responsible for civil matters may represent defendants charged with criminal violations where the violations occurred in counties other than the county where the attorney is an assistant state's attorney.
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Opinion 871 |
Prosecutors
An Assistant State's Attorney who is responsible for all family court matters in the county may not represent private clients in marriage dissolution cases in the same county.
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Opinion 84-05 |
Government Representation | Imputed Disqualification | Prosecutors
It is professionally proper for a law firm to represent a claimant in a personal injury case where the defendant has criminal charges pending arising from the same factual situation and a member of the law firm representing the Plaintiff was a member of the State's Attorney's Office at the time the criminal charges were pending, but was not involved with prosecution or disposition.
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Opinion 852 |
Government Representation | Prosecutors
A part-time municipal attorney who prosecutes state traffic charges for violations alleged to have occurred within the municipality may represent defendants charged with violations of the State Traffic and Criminal Codes where the violations did not occur within the municipality which the attorney represents.
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Opinion 789 |
Prosecutors
A lawyer who is a part-time Assistant States Attorney assigned to civil cases cannot represent private clients on zoning matters before the County Board.
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Opinion 729 |
Imputed Disqualification | Prosecutors
A partner of a law firm can represent a defendant in a criminal prosecution if another partner in that same firm is a Special Assistant State's Attorney responsible for civil matters only, and the client is fully advised and grants a waiver.
