Opinion No.

The Honorable Marc McCune Prosecuting Attorney Twenty-First Judicial District 206 South 3rd Street Van Buren, Arkansas 72956

Dear Mr. McCune:

I am writing in response to your request for an opinion regarding the following questions:

1. Is it ethical for a City Attorney or Deputy City Attorney, who serves as prosecutor in the city division of a given court pursuant to A.C.A. § 16-21-115, to simultaneously represent criminal defendants in the county division of the same court?

2. If the answer to question one is no, does the judge have the authority to prevent the offending attorney from appearing…