I read the GA-0716 opinion over the weekend and was not expecting that answer. The opinion states that Asst. D.A. and Asst. C.A. are not prohibited from practicing as criminal defense attorneys in federal court or in state courts of a neighboring county. How common is it for asst. prosecutors to practice criminal defense? I'd like to hear from anyone who either is/has played both sides of the field while being an Asst. prosecutor and from anyone else who wants to share some thoughts. I've been an Asst. D.A. for a little over 12 years and would not want to give up the white hat, but I wouldn't mind sitting on the other side a few time a year for the experience. Now, how would I sleep at night? That I don't know.

Thanks Greg. I would still like to read some comments from prosecutors who are actually doing this.

I have seen defense attorneys do both, for example when a special prosecutor is needed, I have seen defense attorneys take the appointments, and I believe they thought it made them better attorneys for having seen both sides.

It seems different for prosecutors though, in that we get a salary to work for the State all day every day, and it seems like if you started a small practice on the side, it would inherently dip in to the salaried work day--phone calls, last minute items, research, etc. It would be tempting to fax something from the office, or look something up on county paid westlaw--those are the places where it looks problematic to me.