96 N.J.L.J. 1129
September 27, 1973
OPINION 260
Conflict of Interest
P.B.A. Attorney - Criminal Practice
An attorney who is presently legal advisor to a local
policemen's benevolent association inquires whether he, or members
of his firm, are precluded from appearing in any magistrate's court
where no member of the local PBA is involved in any way; or in the
county criminal courts where no member of the local PBA is involved
in any way.
Neither NJ Advisory Committee on Professional Ethics Opinion
113, 90 N.J.L.J. 473 (1967) nor Opinion 196, 94 N.J.L.J. 65 (1971),
can be read so broadly as to preclude the inquirer or members of
his firm from appearing in any court where no member of the local
PBA represented by the inquirer is involved in any way. Opinion 113
is clear in describing the ethical problem as arising when the
attorney representing the P.B.A. appears in court on matters in
which the police officer is the complainant or a witness for the
complainant. Absent this circumstance, it is our opinion that there
is no impropriety in appearing before these tribunals, nor do the
circumstances reasonably give rise to the appearance of
impropriety. This opinion is intended to supplement our Opinions
113 and 196 and is not intended to modify such opinions in any way.