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Honorable Ed Peters

Office of the Attorney GeneralMarch 4, 1987

1987 WL 121539 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 March 4, 1987
 
*1 Honorable Ed Peters
*1 District Attorney
*1 Seventh Circuit Court District
*1 Post Office Box 22747
*1 Jackson, Mississippi 39205
Dear Mr. Peters:
*1 Attorney General Edwin Lloyd Pittman has received your request for an opinion from this office and has assigned it to the undersigned for research and reply. In your letter, a copy of which is attached, your first question asks the following:
*1 Thus, our first question is whether the provisions of Section 25-31-36 apply to assistant district attorneys as well as to district attorneys.
*1 As you explain, Miss.Code Ann. Section 25-31-36(1) (Supp.1986) states:
*1 (1) Except as otherwise provided herein, no district attorney shall engage in the private practice of law. However, district attorneys may continue to practice for a period of time, not to exceed six (6) months from the date of taking office, in any of the courts so far as to enable them to bring to a conclusion civil cases actually pending in which such district attorneys were employed when they were appointed or elected.
*1 Although pursuant to Miss.Code Ann. Section 25-31-39 (Supp.1986), from and after January 1, 1980, there are no part-time legal assistants to the district attorney (nor part-time district attorneys), Miss.Code Ann. Section 25-31-6 (Supp.1986) states:
*1 Legal assistants to district attorneys shall be regularly licensed and practicing attorneys having been duly admitted to practice before the Supreme Court of the State of Mississippi, and shall have the powers and authority, under the direction and supervision of the district attorney, to perform all the duties required of that office. Said legal assistants may be removed at the discretion of the duly elected and acting district attorney, or for cause by the senior circuit judge of the district. (Emphasis)
*1 Therefore, from the above, we are of the opinion that in the discretion and with the approval of the district attorney, said legal assistant may have benefit of the six (6) month grace period from the date of taking office to practice in any of the courts in order to bring to a conclusion civil cases actually pending.
*1 With regard to your second question, your letter states:
*1 To what extent may an attorney, previously engaged in the private practice of law, that becomes employed as an assistant district attorney, continue to practice so far as to enable them to bring to a conclusion pending criminal cases:
*1 1. In counties other than those which fall within the jurisdiction of the district attorney by whom the assistant is employed, i.e., after being employed in my office, would Bobby be precluded from concluding a pending criminal case, for example, in Lauderdale County?
*1 2. Pending in the courts of a county included within the geographical jurisdiction of the district attorney by which the assistant is employed, but is a case in which the attorney's office is not, and will not, be involved? i.e., Bobby represents several defendants in criminal misdemeanor cases pending in the County Court of Hinds county, which were appealed to that court from the Municipal Court of the City of Jackson. The city prosecuting attorney handles the prosecution of such cases, and the city attorney represents the city in any further appeals to circuit court and the state supreme court. My District Attorney's office is not involved at any stage. After being employed here, would Bobby be precluded from concluding a pending criminal misdemeanor case in which my office would not be involved?
*2 In response to your second question, it is the opinion of this office that a legal assistant to the district attorney may not continue in the practice of criminal law in any geographical or jurisdictional area. The only exception allowed a district attorney is in the conclusion of a civil matter and we are of the opinion no broader privilege could be delegated to his legal assistant. You should further be aware in Miss.Code Ann. Section 25-31-10 (Supp.1986) states in part:
*2 (1) From and after July 1, 1979, any district attorney may appoint a full-time criminal investigator; provided, however, that any full-time district attorney of a district having a population in excess of two hundred thousand (200,000) according to the most recent federal census or other reliable population data adopted by the state auditor of public accounts by regulation, may appoint two (2) full-time criminal investigators.
*2 (2) No district attorney or assistant district attorney shall accept any private employment, civil or criminal, in any matter investigated by said criminal investigator.
Sincerely,
*2 Edwin Lloyd Pittman
*2 Attorney General
*2 BY: Catherine Walker Underwood
*2 Assistant Attorney General
1987 WL 121539 (Miss.A.G.)
End of Document