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STATE v. JONES

726 S.W.2d 515 (1987)

STATE of Tennessee, Appellee, v. Jesse JONES. In re Larry S. BANKS, Attorney, Appellant.

Supreme Court of Tennessee, at Knoxville.

March 16, 1987.

Attorney(s) appearing for the Case

Lyle Reid, Reid & Banks, P.A., Edward L. Hardister, Reid & Banks, P.A., Brownsville, for appellant.

Hal D. Hardin, General Counsel, Nashville, for Tennessee Bar Ass'n as amicus.

W.J. Michael Cody, Atty. Gen. & Reporter Ann Lacy Johns, Asst. Atty. Gen., Nashville, for appellee.

Lance B. Bracy, Chief Disciplinary Counsel, Nashville, for Board of Professional Responsibility.

OPINION

FONES, Justice.

The issue in this case is whether an attorney may refuse to accept a court ordered appointment as counsel for an indigent criminal on the ground that such representation would violate an ethics opinion issued by the Board of Professional Responsibility.1 The ethics opinion declared unequivocally that "county attorneys cannot represent criminal defendants prosecuted by the county officers." The county attorney...

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