Can an assistant district attorney serve on a community mental-health board of directors while also representing the public in mental-health commitment proceedings?

Plain-English summary

Opinion E-84-16 addressed whether a county assistant district attorney may serve as a member of a Chapter 51 (State Mental Health Act) community board of directors while simultaneously representing the interests of the public in mental-health commitment proceedings, as directed by Wis. Stat. sec. 51.20(4) (1981-82). Under the Act, a community board's duties center on program needs of persons with mental disabilities, while the district attorney has the duty to represent the public interest in mental-health proceedings, including drafting the necessary papers.

The committee concluded the two roles are not necessarily incompatible. It pointed to the former Code's requirement (SCR 20.23(1), and see SCR 20.23(4)(a)) that a lawyer exercise independent professional judgment solely for the benefit of the client and free of compromising influences and loyalties. Because the district attorney's client under the Act is the public interest, the committee concluded that so long as the assistant district attorney can exercise independent professional judgment solely for the benefit of the public interest, free of compromising influences resulting from the board position, it would be permissible to serve in both capacities.

Currency note

This opinion was issued in 1984, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update), and it analyzes conduct under the former Code. A lawyer's independent judgment when holding outside public roles is now analyzed under SCR 20:1.7 / Model Rule 1.7. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can an assistant DA sit on a mental-health community board while handling commitment proceedings?

A: The committee concluded yes; the roles are not necessarily incompatible, subject to the independent-judgment condition below.

Q: What is the condition the committee placed on serving in both roles?

A: The assistant district attorney must be able to exercise independent professional judgment solely for the benefit of the public interest and free of compromising influences arising from the board position.

Q: Who is the district attorney's client in mental-health proceedings under the opinion?

A: The committee identified the public interest as the client, citing the district attorney's duty under Wis. Stat. sec. 51.20(4) to represent the public in mental-health proceedings.

Background and rules framework

The opinion interpreted the former Code's requirement of independent professional judgment exercised solely for the client (SCR 20.23(1), 20.23(4)(a)) as applied to a prosecutor holding a seat on a board connected to the subject matter of his or her duties. That subject is now addressed by SCR 20:1.7 / Model Rule 1.7.

Citations and references

Rules of Professional Conduct:

• Wis. SCR 20.23(1), 20.23(4)(a) / Model Rule 1.7 (independent judgment; conflicts of interest) (former Code provisions)

Statutes:

• Wis. Stat. sec. 51.20(4) (1981-82) (district attorney's duty in mental-health proceedings)
• Wis. Stat. sec. 51.42(5) (1981-82) (community board duties)

See also

• WI Ethics Op. E-84-18: Village Attorney's Partner on the Zoning Board of Appeals
• WI Ethics Op. E-86-1: Assistant DA With a Deputy Sheriff Spouse
• WI Ethics Op. EF-11-02: Part-Time Prosecutor Conflicts

Source

• Landing page: https://www.wisbar.org/formembers/ethics/pages/formal-opinions.aspx
• Original PDF: https://www.wisbar.org/formembers/ethics/Ethics%20Opinions/E-84-16.pdf