11-403. Private practice of law prohibited; certain county attorneys; exceptions
A. The sheriff, the constable and the constable's deputies are prohibited from practicing law or forming a partnership with an attorney-at-law.
B. In a county having a population of sixty thousand or more persons, the county attorney or the county attorney's deputies shall not engage in the private practice of law, except:
1. With consent of the board of supervisors, a special deputy county attorney may be appointed on a fee basis in like manner as a special assistant attorney general.
2. Deputy county attorneys may, but in no circumstances shall be required to, represent private clients in pro bono, private civil matters under the following circumstances:
(a) The representation will be conducted exclusively during off hours or while on leave and the attorney will not receive any compensation for such services.
(b) The client is not seeking an award of attorney fees for the services.
(c) The services are for an individual in need of personal legal services who does not have the financial resources to pay for the professional services or for a nonprofit, tax exempt charitable organization formed for the purpose of providing social services to individuals and families.
(d) The representation will not interfere with the performance of any official duties.
(e) The subject matter of pro bono representation is outside of the area of practice to which the attorney is assigned in the county attorney's office and the activity will not appear to create a conflict of interest.
(f) The activity will not reflect adversely on this state, the county or any of their agencies.
(g) The deputy county attorney's position will not influence or appear to influence the outcome of any matter.
(h) The activity will not involve assertions that are contrary to the interest or position of this state, the county or any of their agencies.
(i) The activity does not involve a criminal matter or proceeding or any matter in which this state or the county is a party or has a direct or substantial interest.
(j) The activity will not use resources that will result in a cost to this state, the county or any of their agencies.
(k) The attorney's supervisor may require the attorney to submit a prior written request to engage in pro bono work that includes a provision holding the agency harmless from any of the work undertaken by the attorney.
C. Notwithstanding any provision of law or rule to the contrary, representation by an attorney of a pro bono client under subsection B, paragraph 2 of this section shall not disqualify the office from subsequently participating in any action affecting the client.