11-403. Practice of law prohibited to certain
officers; exceptions


A. The sheriff and constable and their deputies are prohibited from practicing law,
or forming a partnership with an attorney-at-law.


B. In a county of the first class having a population of sixty thousand or over, as
determined by the official census of the United States, the county attorney or his
deputies shall not engage in the private practice of law, except:


1. With consent of the board of supervisors, a special deputy county attorney may
be appointed upon a fee basis in like manner as a special assistant attorney general.


2. Deputy county attorneys may, but in no circumstances shall be required to,
represent private clients in pro bono, private civil matters under the following
circumstances:


(a) The representation will be conducted exclusively during off hours or while on
leave and the attorney will not receive any compensation for such services.


(b) The client is not seeking an award of attorney fees for the services.


(c) The services are for an individual in need of personal legal services who does
not have the financial resources to pay for the professional services or for a nonprofit,
tax exempt charitable organization formed for the purpose of providing social services to
individuals and families.


(d) The representation will not interfere with the performance of any official
duties.


(e) The subject matter of pro bono representation is outside of the area of
practice to which the attorney is assigned in the county attorney's office and the
activity will not appear to create a conflict of interest.


(f) The activity will not reflect adversely on this state, the county or any of
their agencies.


(g) The deputy county attorney's position will not influence or appear to influence
the outcome of any matter.


(h) The activity will not involve assertions that are contrary to the interest or
position of this state, the county or any of their agencies.


(i) The activity does not involve a criminal matter or proceeding or any matter in
which this state or the county is a party or has a direct or substantial interest.


(j) The activity will not utilize resources that will result in a cost to this
state, the county or any of their agencies.


(k) The attorney's supervisor may require the attorney to submit a prior written
request to engage in pro bono work which includes a provision holding the agency harmless
from any of the work undertaken by the attorney.



Notwithstanding any provision of law or rule to the contrary, representation by an
attorney of a pro bono client shall not disqualify the office from subsequently
participating in any action affecting the client.