11-583

11-583. Private practice of civil and criminal
law prohibited; exception; limitation

A. The public defender and his full-time deputies shall not engage in the private
practice of law, except:

1. Such prohibition shall not apply to part-time deputies, except that in no
instance shall part-time deputies engage in any private litigation in which the county or
an officer thereof in his official capacity is a party.

2. Deputy county public defenders 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 public defender'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 public defender'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 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.

B. The public defender shall not during his incumbency defend or assist in the
defense of, or act as counsel for, any person accused of any crime in any county except
as provided in this article unless authorized by the board of supervisors to enter into
an intergovernmental agreement with another county pursuant to chapter 7, article 3 of
this title.