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                                         113 N.J.L.J. 232
                                        March 1, 1984

ADVISORY COMMITTEE ON PROFESSIONAL ETHICS

Appointed by the New Jersey Supreme Court

OPINION 524

Conflict of Interest
Freeholder Practicing Law
Within County; Serving as Municipal
Prosecutor (or) Municipal Solicitor

    Inquirer asks three questions:

    1.    Is there any prohibition against an attorney practicing law, other than criminal defense, in the county in which he is an elected freeholder?

    2.    Is there any prohibition against an attorney who is an elected freeholder serving as prosecutor for a municipality within the county?

    3.    Is there any prohibition against an attorney who is an elected freeholder serving as solicitor for a municipality within the county?

    A public official who is also an attorney is subject to the ethical standards of his profession. Opinion 291, 97 N.J.L.J. 801 (1974). Where the public interest is involved, not only is a relationship which presents an actual conflict proscribed, but activity which may present the appearance of impropriety must be avoided. Opinion 291, supra. It is our view that a freeholder- attorney is subject to the same limitations as a county attorney. Those limitations have been discussed in numerous Opinions rendered by this Committee. See Opinion 291, supra.

    This Committee has held it improper for partners or associates, one to hold the office of counsel for a municipality and the other to hold the office of counsel for the county in which the municipality is located. Opinion 415, 103 N.J.L.J. 38 (1979); see also Opinion 501, 110 N.J.L.J. 342 (1982).
It is the Opinion of the Committee that:
    1.    An elected freeholder-attorney may practice law, other than criminal defense, in the county in which he was elected except in cases which might present a conflict or an appearance of impropriety.
    2.    An elected freeholder-attorney may serve as a prosecutor in a municipality within the county.
    3.    An elected freeholder-attorney may not serve as a solicitor for a municipality within the county.

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