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Opinion 667

Question Presented

May the prosecuting attorney or another attorney in the prosecuting attorney’s office represent the government in a criminal case against a defendant in which the prosecuting attorney’s spouse acts as the defendant’s bail bondsman?

Spouse Bondsman, a bail bondsman, and Spouse Attorney, the county attorney, are married to each other. Spouse Bondsman is the criminal bail bondsman for a criminal defendant charged with a misdemeanor in a county court in Alpha County. Spouse Attorney is employed as the county attorney in the county attorney’s office for Alpha County.  Spouse Attorney and other attorneys in the county attorney’s office prosecute the misdemeanor cases in Alpha County.

Bluebook Citation

Tex. Comm. On Professional Ethics, Op. 667 (2016)