86 N.J.L.J. 361
Conflict of Interests
An inquiry has been made by an attorney who asserts that he is
serving as the municipal prosecutor in a municipality of this
State, which operates under Plan F of the Faulkner Act. That act
permits the creation of a law department, whereby different members
thereof could be designated to take care of certain particular
legal matters for that municipality. The municipality in question
has never seen fit to create a law department as such and, as a
result, it is functioning with a borough attorney who presumably
represents the community generally in all of its legal matters.
The applicant who seeks our opinion, however, indicates that by virtue of a resolution adopted by his municipality, his function is to represent the State and the municipality in various violations returnable in the municipal court. He indicates that while most of his work generally has to do with traffic violations that are returnable before the municipal court, he also, under his appointment, would have to represent the municipality in any violations of local ordinances.
The question that he presents is whether it is proper for him, inasmuch as he is municipal prosecutor, to represent a client with an application before the board of adjustment, planning board or the municipal council of his municipality.