The District of Columbia Bar’s Legal Ethics Committee has a new opinion

The D.C. Bar Legal Ethics Committee was informed that attorneys appointed pursuant to the District of Columbia’s Criminal Justice Act, 11 D.C. Code, §§ 2601 et seq. (2012) (the “CJA”), often represent individual defendants in criminal domestic violence matters who are also respondents in parallel Civil Protection Order (“CPO”) proceedings. Typically, these respondents appear in the CPO proceeding pro se because there exists no statutory entitlement to a CJA attorney in civil proceedings. Recognizing that criminal domestic violence matters and parallel CPO proceedings often share a common factual and legal nexus, CJA attorneys often attempt to guide their clients in the CPO hearings without entering an appearance in these matters or otherwise undertaking representation of the respondents in these civil proceedings.

While refraining from entering an appearance in civil proceedings, CJA attorneys may nevertheless attempt to influence portions of these CPO hearings to protect the respondents’ rights in the parallel criminal matters. These attempts often involve efforts by CJA attorneys to direct what their clients say or even speaking in court themselves at the CPO hearings.