The AG issued an opinion, answering the question as to whether a prosecutor can work as a defense attorney. To read the opinion, click here.

How does this impact your office or job?

Whether it is legal or not, it just seems like a conflict of interest to me. I often call on out of county prosecutors for help or to coordinate a case against a common crook, and I take it for granted that the fellow I'm talking to is on the same side.

No impact here since I do not allow it. However, in small counties with small salaries, it may be necessary to make a living.

Could it also work in reverse? What I'm trying to say is... perhaps if the county commissioners court won't pay for another full-time prosecutor you could get some part-time help from a defense attorney in a neighboring county, maybe even you could hire a former ADA to help.

So an assistant district or county attorney w/ a license to carry a concealed handgun goes to a neighboring county courthouse to defend a criminal case with a pistol in their briefcase, does Sec. 46.03 apply or not?

Ooh. Good one. And, when he gets home, can he file on himself?

But he can defend himself, too. Can't wait to hear closing arguments.

I would recommend that I get deferred prosecution. And, if I wouldn't accept that, I would file a motion to disqualify myself. Then, I would reset the case for a long, long time.