Conflict of Interest - Former Legal Official Challenging Rules He Had Helped Draft
Annotate this Case 100 N.J.L.J. 1029
November 10, 1972
Appointed by the New Jersey Supreme Court
OPINION 379
Conflict of Interest - Former Legal
Official Challenging Rules He Had Helped Draft
The inquirer, while employed as a deputy attorney general was assigned to advise the Department of Environmental Protection. In such capacity, he advised and assisted the department in the drafting of rules and regulations under the Coastal Areas Facilities Review Act, N.J.S.A. 13:19-1, et seq. He left the Attorney General's office in January 1976, and thereupon became employed by a law firm which had represented an association interested in such rules and regulations. This firm, on behalf of such association, had made comments to the Department of Environmental Protection on the proposed rules and regulations, both before the inquirer left the Attorney General's office and thereafter. The rules were first published in April 1976, and were eventually adopted in April 1977. The inquirer now asks whether he may represent the association in connection with a notice of appeal challenging those rules and regulations. The answer to the specific inquiry is that he should not. DR 9:101(B) provides:
(B) "A lawyer shall not accept private employment in a matter in which he had substantial responsibility while he was a public employee."
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