94 N.J.L.J. 225
March 25, 1971
Conflict of Interest
Father and Former Partner
of Assistant Prosecutor
In this inquiry, an attorney who dissolved a partnership with
his son when the son became a full-time assistant prosecutor (one
of fourteen assistant prosecutors) has asked whether he, the
father, may continue to practice criminal law in that county.
The same problem was posed to this Committee by the inquiry in our Opinion 191, 94 N.J.L.J. 33 (1971). There we held that a former partner, who was a father or brother, of a full-time prosecutor, should not continue to practice criminal law in the county in which such former partner has become prosecutor. In this inquiry the former partner is but one of fourteen assistant prosecutors and he lacks the supervisory duties of a prosecutor. We see no distinction compelling a contrary opinion. The policy behind our decision in Opinion 191 applies with equal force where the assistant prosecutor is the former partner of his parent or siblings.