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                                             88 N.J.L.J. 171
                                            March 18, 1965

                                            

ADVISORY COMMITTEE ON PROFESSIONAL ETHICS

Appointed by the New Jersey Supreme Court

OPINION 73

Municipal Prosecutor
Stationery, Business Cards

    The part-time municipal prosecutor of municipality A, who is not furnished with any public office facilities but who maintains a private law office in municipality B, inquires whether he may properly use stationery and business cards furnished to him by municipality A.
    The sample letterhead enclosed has the name of the borough and its seal dominating the top of the letterhead and in lower case further down on the left-hand side of the page has a caption reading "Office of the Municipal Prosecutor" and thereunder his name and his street address and telephone number. The last two items are in fact the address and telephone number of his private office in municipality B. The business card enclosed shows a State seal in the upper left-hand corner and the attorney's name in the middle, with his title immediately thereunder as "Municipal Prosecutor." In the lower left-hand corner of the card appears "Borough of (municipality A), New Jersey" and in the lower right-hand corner the street address of the attorney and his telephone number in municipality B.
    The inquirer states that the letterheads and cards will only be used in connection with his official duties.

    In these circumstances, we are of the opinion that the letterhead and its use are not objectionable. The business card and its use would also be proper, except that the format is such that there is a possibility - although somewhat remote - that it may create confusion in the mind of an untutored recipient as to whether the attorney is the municipal prosecutor of municipality A or B, or both. This possible confusion could easily be obviated by having the title "Municipal Prosecutor" connected in spacing or by use of the preposition "of" with municipality A.

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