It is implicit in the opinions of the Advisory Committee on this subject that the representation of defendants in criminal matters is voluntary on the part of the city or village attorney and presumably undertaken for compensation, and the ethical prohibition extends to that situation. A different case is presented where a judge appoints a lawyer who happens to be a city or village attorney to represent a person charged with a crime.

The Committee does not feel that a court can or should be bound by the limitation imposed under the Code upon an attorney's voluntary action, where the court is discharging its obligations to make representation available to accused persons.