Represent a defendant in a criminal case


Discuss the following:

A. Is it proper for an attorney who is Mayor or the member of a City Council of a City to:

1. Practice in the Municipal Court including getting bonds set by the Judge of such court.

2. File an appeal in Municipal Court for the purpose of obtaining a trial de novo of the same cause in the County Court and represent a defendant on appeal of such criminal case.

3. Represent a defendant in a criminal case initiated by the Police Department of the City where the Police officer will be a material adverse witness against such defendant.

4. In a civil case represent a party with an interest adverse to the City.

5. Represent an adverse interest in a civil case instituted by an official of the City in the course of his official duty where some agent, servant or employee of the City acting in the course of official duties will be a material witness in the prosecution or defense of such case.

6. Represent a defendant in a criminal case instituted by another agency where a police officer acting in the course of his official duties will be a witness for the prosecution?

B. Is it proper for a partner or an associate of a Mayor or a member of the City Council to engage in any of the above acts prohibited in Question (A) above?

C. May a City enact legislation by ordinance which in its effect upon attorneys who are officials or employees of the City would be more stringent than the Code of Professional Responsibility of the State Bar of Texas?

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