Assistant Prosecutor's Partner Bail Bonds
Annotate this Case 88 N.J.L.J. 91
February 11, 1965
Appointed by the New Jersey Supreme Court
OPINION 68
Assistant Prosecutor's Partner Bail Bonds
An opinion is requested by a member of a law partnership which has its office in one county but one of whose partner is an assistant prosecutor in another county. The inquirer states that his firm represents an insurance company which writes bail bonds and that from time to time the inquirer will be bringing court proceedings in the county where his office is with respect to the forfeiture of bonds or being relieved from bonds where a defendant has violated the terms of the bond. He will not appear in the county where the partner is an assistant prosecutor. In taking such proceedings in the criminal division of the court, motion papers are served on the prosecutor of the county and, in the case of forfeiture motions, notice is also served on the county counsel as representative of the county treasurer.
There appears to be no Canon of Professional Ethics which specifically provides the answer to this inquiry, nor any language in any canon which expressly preludes the inquirer from pursuing the course of action contemplated. But, as the Preamble to the Canons states, "No code or set of rules can be framed, which will particularize all the duties of the lawyer in the varying phases of litigation or in all the relations of professional life."
It is important for the proper administration of justice that situations which could cause such inferences to arise be avoided. As was stated in the above-cited opinion, lawyers ought to conduct themselves in such a way as not to impair the confidence of the community in the administration of justice. Thus, we believe that counsel should not pursue the course of conduct described.
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