107 N.J.L.J. 127
February 12, 1981
464 In Effect
Conflict Of Interest
Municipal Attorney Also
Board Of Education Attorney
The inquirer is presently attorney for a township board of
education and has been asked to serve as attorney for the township.
At the present time, each municipal body has a separate attorney.
The inquirer does not state whether the board of education is an
appointed or elected Board, but independent investigation reveals
that it is an elected Board. In Bodkin v. Westwood, 52 N.J. Super.
416, 425 (App. Div. 1958), the court pointed out that in such cases
the board of education was entirely independent of the governmental
body of the town. Under these circumstances, there is no reason why
the inquirer cannot serve in both capacities with a caveat,
however, that if events occur which give rise to a conflict or an
appearance of conflict between the two public entities, counsel
cannot represent either of the two entities. See Perillo v.
Advisory Committee on Professional Ethics, 83 N.J. 366 (1980),
0pinion 39, 87 N.J.L.J. 191 (1964), and Opinion 59, 87 N.J.L.J. 741