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