Rules of Professional Conduct

NDAA National Prosecution Standards

Conflicts of interest
7.1 Conflict Avoidance
The prosecutor should avoid interests and activities which are likely to appear to, or in fact do, conflict with the duties and responsibilities of the prosecutor's office.

7.2
Conflicts with Private Practice
In those jurisdictions which do not prohibit private practice by a prosecutor:
a. The prosecutor should avoid representation in all criminal and quasi-criminal defense regardless of the jurisdiction.

b. The prosecutor should avoid any representation in which there is a reasonable belief that the subject matter will be that of a criminal investigation.

c. The prosecutor should avoid any representation of a person who is under criminal investigation, charged or indicted, and any agent or close relative of such a person.

d. The prosecutor should avoid any representation to private clients or prospective clients that the status as prosecutor is or could be an advantage in the private representation.

e. The prosecutor may not designate the status as prosecutor on any letterhead, announcements, advertising, or other communications involved in the private practice and may not in any manner use the resources of the prosecutor's office for the purpose of such non-prosecutorial activities.

f. The prosecutor should excuse himself from the investigation and prosecution of any client of the prosecutor and should withdraw from representation of that client.

7.3 Specific conflicts
In all jurisdictions, including those prohibiting private practice by prosecutors:

a. The prosecutor should excuse himself from the investigation and prosecution of any former client involving or substantially related to the subject matter of the former representation, unless, after full disclosure, the former client makes a counseled waiver permitting the prosecutor's involvement in the investigation or prosecution.

b. The prosecutor should excuse himself from the investigation and prosecution of any person who is represented by a lawyer related to the prosecutor as a parent, child, sibling, or spouse or who has a significant financial relationship with the prosecutor.

d. The prosecutor should avoid any private interests, financial or otherwise, which may affect his professional judgement in the exercise of the duties and responsibilities of the prosecutor's office.

MOU: COUNTY ATTORNEYS' ASSOCIATION
County Documents > Memorandum of Understanding http://co.humboldt.ca.us/personel/docs/Attorney/

11. OUTSIDE EMPLOYMENT

A. Policy on Incompatible Activities
Each employee and officer of the County of Humboldt, regardless of the capacity in which he may be employed, is hereby prohibited from engaging in any activity inconsistent, incompatible or conflicting with his duties or which might impair the impartial performance of his duties. Any employee engaging in outside employment shall notify his appointing power of the nature and expected duration of such outside employment seven (7) days before the commencement of such outside employment. Such employee or officer shall not perform any work, service or counsel for compensation outside of County employment where any part of his/her efforts will be subject to approval by any officer, employee, board or commission of Humboldt County unless otherwise approved in the manner prescribed below.

Each appointing power may determine those outside activities which, for employees under his/her jurisdiction, are inconsistent with, incompatible with, or in conflict with their duties as Humboldt County officers or employees. An employee’s outside employment, activity or enterprise may be prohibited if it: a) involves the use for private gain or advantage of Humboldt County time, facilities, equipment and supplies, or the badge, uniform prestige or influence of their Humboldt County office or employment; or b) involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than Humboldt County for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course of their Humboldt County employment or as a part of their duties as a Humboldt County officer or employee; or c) involves the performance of an act in other than their capacity as a Humboldt County officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other officer or employee of Humboldt County; or d) involves such time demands as would render performance of their duties as a Humboldt County officer or employee less efficient. An employee or officer may appeal an adverse decision of the appointing power, within five (5) days after written notification of the decision, by written appeal to the Personnel Director who shall affirm, reverse or modify the decision of the appointing power. The employee or officer may then, within five (5) days after written notification of the decision of the Personnel Director, appeal in writing to the Board of Supervisors. The decision of the Board of Supervisors shall be final and conclusive.

B. Prohibition Against Personal Use of County Equipment

No County-owned equipment, autos, trucks, instruments, tools, supplies, machines or any other item which is the property of the County of Humboldt shall be used by any employee of the County while said employee is engaged in any outside employment or activity, for compensation or otherwise, except upon prior order by the Board of Supervisors.
C. Prohibition Against Loaning County Equipment
No employee shall allow any other person to rent, borrow or use any of the items mentioned in Paragraph B above for any other than a public purpose, except upon prior order of the Board of Supervisors.
D. Penalty for Violation of Section
Any violation of the provisions herein contained respecting outside employment or activity and use of County property shall constitute sufficient grounds for immediate dismissal from the County service of the officer or employee guilty thereof.
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