Ohio Board Advisory Opinion Op 89-009

The Supreme Court of Ohio
BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE
41 SOUTH HIGH STREET-SUITE 3370, COLUMBUS, OH 43215-6105
(614) 644-5800 FAX: (614) 644-5804
OFFICE OF SECRETARY
OPINION 89-09
Issued April 14, 1989
[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio
Rules of Professional Conduct, eff. 2/1/2007.]
SYLLABUS: A municipal prosecutor, who has knowledge that a criminal defense attorney is
employed as an associate in the same law firm as the county prosecutor, has a duty, under DR 1-
103 of the Code of Professional Responsibility, to report such knowledge to a tribunal or other
authority empowered to investigate or act upon such violation.
OPINION: We have before us your request for our opinion concerning the duty of a municipal
prosecutor when he or she knows that a criminal defense attorney is employed by the same law
firm as the county prosecutor. Advisory Opinion 88-008 thoroughly examines the issue of
prosecutors representing criminal defendants. When a member of a law firm may not accept
employment then other members of that law firm are likewise precluded from accepting such
employment.
Disciplinary Rule 1-103 clearly states that a lawyer who possesses knowledge of a violation of a
Disciplinary Rule has a duty to report that knowledge to the authorities that have the responsibility
to investigate such violations. The reason for this duty is that every lawyer has the ethical
responsibility for maintaining the integrity and improving the competence of the bar. Ethical
Consideration 1-1. According to Ethical Consideration 1-4:
The integrity of the profession can be maintained only if conduct of
lawyers in violation of the Disciplinary Rules is brought to the
attention of the proper officials. A lawyer should reveal voluntarily
to those officials all unprivileged knowledge of conduct of lawyers
which he believes clearly to be in violation of the Disciplinary Rules.
Withdrawn by Adv. Op. 2019-08

Op. 89-09 2
It is our opinion and you are so advised that a municipal prosecutor, who has knowledge of a
violation of a Disciplinary Rule, has a responsibility to report that knowledge to the proper
authorities. Such a situation arises when a municipal prosecutor knows that a criminal defense
attorney is employed by the same law firm as the county prosecutor.
This opinion is advisory in nature, is based upon the facts as presented and is limited to
questions arising under the Code of Professional Responsibility.