Conflict Of Interest Municipal Attorney Also Board Of Education Attorney

107 N.J.L.J. 127
February 12, 1981
Reversed Opinion
464 In Effect

OPINION 470

Conflict Of Interest
Municipal Attorney Also
Board Of Education Attorney

The inquirer is presently attorney for a township board of education and has been asked to serve as attorney for the township. At the present time, each municipal body has a separate attorney. The inquirer does not state whether the board of education is an appointed or elected Board, but independent investigation reveals that it is an elected Board. In Bodkin v. Westwood, 52 N.J. Super. 416, 425 (App. Div. 1958), the court pointed out that in such cases the board of education was entirely independent of the governmental body of the town. Under these circumstances, there is no reason why the inquirer cannot serve in both capacities with a caveat, however, that if events occur which give rise to a conflict or an appearance of conflict between the two public entities, counsel cannot represent either of the two entities. See Perillo v. Advisory Committee on Professional Ethics, 83 N.J. 366 (1980), 0pinion 39, 87 N.J.L.J. 191 (1964), and Opinion 59, 87 N.J.L.J. 741 (1964).