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A county attorney or a law firm of which he is a member may not ethically
represent clients in divorce actions involving minor children unless the
county board of such county has adopted by Resolution a general policy
permitting its county attorney to represent parties to a divorce action
involving minor children and agreeing to engage at the expense of the
county a Special Prosecutor to handle any non-support prosecutions subsequently
arising out of such divorce action. In any such case, the county attorney
is precluded from prosecuting a criminal action against one of the parties
to the divorce proceeding for failure to pay child support, and the prosecution
must be handled by an independent Special Prosecutor duly appointed by
the county board.
74-1, (Amendment to Opinions No. 71-2)
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