90 N.J.L.J. 361
June 1, 1967
OPINION 111
Attorney - Police Officer
Effect of Retirement from Public Employment
The inquirer presents the following facts: He has been a
member of the police department of a New Jersey municipality for 21
years and presently holds the rank of lieutenant in said police
department; he was recently admitted to the bar of the State of New
Jersey; he is about to become associated with a law firm in a
municipality other than where he was employed as a police officer
but within the same county; while engaged in the pursuit of law
with the law firm he will be on leave of absence from the police
department and probably will resign if the association works out.
The question presented is: May the law firm handle a criminal
case in the municipality where one member of the firm is a police
officer on leave of absence from the police department?
It is the opinion of the Committee that neither the inquirer
nor the firm with which he becomes associated may handle any
criminal cases arising in the municipality in which the inquirer is
a police officer on leave of absence.
Canons of Professional Ethics, Canon 36 directly prohibits an
attorney from accepting employment in any matter which he has
investigated or passed upon while employed in public office or
employ. ABA Comm. on Professional Ethics and Grievances, Opinion
134 (1935), interprets Canon 36 and extends the prohibition to any
matter which originated in the office with which the attorney was
connected where he was in a position of confidence and actually
knew or had the opportunity to know facts because of his position
in said office. Opinion 135 (1935) is to the same effect, and
Opinion 134 extends the prohibition of Canon 36 to partners or
associates in the same law firm.
It is therefore the opinion of this Committee that as long as
the inquirer is connected with the police department of the
municipality neither he nor any member of the firm with which he is
associated may represent a defendant in defense of any charge
arising within that municipality, and that even after the
inquirer's retirement neither he nor any member of the firm with
which he is associated may represent any defendant in defense of
any charge arising within that municipality any time prior to the
complete severance of the inquirer from its police department.