Texas Attorney General Opinion: LA-111 Page: 4 of 5
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The Honorable Royce Adkins - Page 4 (LA No. 111)
You also inquire about the possible appointment of the District
Probation Officer to represent an indigent defendant, We have held that such
an appointed attorney does not hold a civil office of emolument. Letter Advisory
No. 93 (1975). Furthermore, since a probation officer is of the judicial
department, there is no separation of powers problem. Letter Advisory No.
65 (1973). We believe, however, that the two positions are in fundamental
conflict. The State Bar Committee, in Opinion No. 327 (1966), reported at
23 Baylor L. Rev. 855-56 (1972), dealt with this precise question:
. . [We believe it is clear that the primary duty of
a Probation Officer is to the public. It is equally
clear that the primary duty of defense counsel is to the
accused and such duty requires him to exert his best
efforts in the prisoner's behalf -- Canon 4, to present
by all fair and honorable means every defense that the
law permits -- Canon 5, and to represent the client
with undivided fidelity and not reveal his secrets or
confidences -- Canons 6 and 34. Obviously, therefore,
the Probation Officer cannot ethically act as defense
counsel in any case in which there is or may be an
application for probation.
Theoretically the Probation Officer would not be
disqualified in cases not involving a question of pro-
bation but it is unlikely that such cases could be singled
out in advance of appointment or employment.. Therefore,
it is our opinion that the Probation Officer should not act
as defense counsel in any felony case within his district.,
Aside from any ethical disqualification, such represent-
ation is discouraged because of potential public misinter-
pretation.p. 381
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LA-111, text, June 12, 1975; (https://texashistory.unt.edu/ark:/67531/metapth276774/m1/4/?q=%22~1~1~1%22~1&rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.