AGO Opinion Topics: CITY ATTORNEY

 1. Partner of city attorney in third class city cannot defend person prosecuted by city attorney. 2. Partner of city attorney in third class city may appear before city council, but not if partner and city attorney contend for opposite positions.

Where the duly elected city attorney of a third class city is called into military service and granted a leave of absence his office is not vacant.  The person appointed acting city attorney holds office at the pleasure of the mayor.

A chief of police or town marshal of a fourth class town may not act as his own prosecuting attorney by prosecuting a drunk driving case without the aid or assistance or appearance of the town attorney at the time of trial in the town municipal court.