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2008 Nevada Attorney General Reports and Opinions 1 (2008)

handle is hein.sag/sagnv0007 and id is 1 raw text is: STATE OF NEVADA

OFFICE OF THE ATTORNEY GENERAL
100 North Carson Street
Carson City, Nevada 89701-4717

CATHERINE CORTEZ MASTO
Attorney General

RANDAL R. MUNN
Assistant Attorney General
KEITH G. MUNRO
Chief of Staff

January 31, 2008

OPINION NO. 2008-01

COUNTIES; DISTRICT ATTORNEYS;
PRIVATE    PRACTICE    OF    LAW:
NRS   7.105,  NRS   252.120,  and
NRS 252.070 do not expressly prohibit a
deputy district attorney, in a county with a
population of less than 100,000, from
representing a private client in a criminal
case in a federal court where neither the
State of Nevada nor any county or other
political subdivision thereof is a party.

Hy T. Forgeron, District Attorney
Lander County, Nevada
Post Office Box 187
Battle Mountain, Nevada 89820
Dear Mr. Forgeron:
You have requested an opinion related to a deputy district attorney that has been
asked to engage in the private practice of law.
QUESTION
May a deputy district attorney, in a county with a population of fewer than
100,000, represent a private client in a criminal case in a federal court' where neither
the State of Nevada nor any county or other political subdivision thereof is a party?
BACKGROUND
A deputy district attorney in your office has been asked to represent a criminal
defendant in a federal case as part of his private practice. Because Lander County has
1 For purposes of this analysis, we are assuming the federal court in question is the district of
Nevada.
Telephone 775-684-1100 * Fax 775-684-1108 * www.ag.state.nv.us * E-mail aginfo@ag.state.nv.us

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