90 N.J.L.J. 1
January 5, 1967
OPINION 102
Municipal Charter Committee, Membership
The governing body of a city has requested the mayor to
appoint an advisory committee to make a charter revision study. The
mayor has invited certain persons to serve on this committee
including three former mayors, one of whom is an attorney. The
committee will have no official status, will not have any specific
statutory authority, and is not being created by ordinance. The
question presented is whether service on the committee will involve
a conflict of interest (see Canons of Professional Ethics, Canon 6)
so as to debar the attorney from representing private litigants
before the city's municipal court and municipal boards and
agencies.
The facts are very similar to those that were involved in this
Committee's Opinion 28, 87 N.J.L.J. 106 (1964). There it was
proposed that the mayor of a municipality appoint a committee of
business and professional men "primarily for the purpose of
attracting new small industries to the community." Saying that a
lawyer was "especially equipped to serve on public bodies and to
furnish to the public the benefit of his experience, skill and
training," this Committee there held that there was no apparent
conflict between the work of the proposed "unofficial advisory
body" and the legal matters affecting the community. So here.
Service of an attorney on the proposed advisory committee to make
a charter revision study is in the public interest, does not entail
a conflict of interest, and will not disqualify the attorney from
representing private litigants before the city's municipal court
or its boards and agencies.