95 N.J.L.J. 54
January 20, 1972
OPINION 226
Conflict of Interest
Municipal Attorneys Wife as Tax Collector
An inquiry has been made containing the following questions.
Would a municipal attorney be placed in a conflict of
interest:
A. If his wife were elected tax
collector of the same municipality;
or
B. If his wife were appointed by the
governing body to fill such a
vacancy for the unexpired term?
This Committee feels that while a situation might arise where
there would be a conflict, there is no conflict per se. It stated
in N.J. Advisory Committee on Professional Ethics, Opinion 174, 93
N.J.L.J. 132 (1970):
The attorney for the municipality
represents the whole municipality. In so
doing, he also represents individual officials
of the municipality in the performance of
their official duties.
The same rule would apply whether the collector was elected or
appointed.