The prohibition against a county attorney embodied in Advisory Opinions
No. 71-2 (as amended by Advisory Opinion No. 74-1) does not
extend to divorce actions involving minor children in counties other
than that in which he is the county attorney.
The Committee has been asked if a County Attorney or a member of
his law firm can represent clients in a divorce action involving
minor children which arise in a county other than that in which
he is the County Attorney.
The reason for the prohibition found in 71-2 is that the County
Attorney may become involved in his official capacity in prosecutions
for failure to pay child support resulting from the divorce action.
This reason cannot arise if the divorce action is in a different
county; hence, the County Attorney in question is free to represent
a client in such divorce action.
