87 N.J.L.J. 190
March 26, 1964
Conflict of Interest
Board of Health Member
May an attorney-at-law who serves as a commissioner on the
board of health of a municipality, without salary, and maintains
his law office in such municipality, appear on behalf of private
clients before municipal agencies other than the board of health,
such as the zoning board of adjustment, municipal court, the
governing body, alcoholic beverage control board and planning
The basic issue raised in this question has been raised by members of the bar who serve as members of municipal bodies, with or without pay, or as counsel for the municipality or one of its agencies, in a number of inquiries submitted to this Committee in recent months.
Our opinion as to the instant inquiry is that it would not be proper for the attorney-board of health member to appear before the other municipal agencies or the municipal court of the municipality in which he holds office. See Opinions 24, 87 N.J.L.J. 19 (1964); 22, 87 N.J.L.J. 13 (1964); 19, 86 N.J.L.J. 734 (1963); 15, 86 N.J.L.J. 734 (1963); 11, 86 N.J.L.J. 621 (1963); 5, 86 N.J.L.J. 361 (1963); and 4, 86 N.J.L.J. 357 (1963).