74-01

Amendment to Opinion No. 71-2. A county attorney or a law firm of which he is a member may not ethically represent clients in divorce actions involving minor children unless the county board of such county has adopted by Resolution a general policy permitting its county attorney to represent parties to a divorce action involving minor children and agreeing to engage at the expense of the county a Special Prosecutor to handle any nonsupport prosecutions subsequently arising out of such divorce action. In any such case, the county attorney is precluded from prosecuting a criminal action against one of the parties to the divorce proceeding for failure to pay child support, and the prosecution must be handled by an independent Special Prosecutor duly appointed by the county board.