Conflict of Interest Criminal Appeal by Former Assistant Prosecutor's Firm
Annotate this Case 99 N.J.L.J. 610
July 8, 1976
Appointed by the New Jersey Supreme Court
OPINION 340
Conflict of Interest
Criminal Appeal by Former
Assistant Prosecutor's Firm
The inquirer has been retained to represent both A and B regarding the same clogged criminal offenses. At the time the representation was commenced, A had already been convicted and retained the inquirer to prosecute an appeal while B was still awaiting trial on the same charges.
The trial court, on its own motion, held that the inquirer could not represent B at the trial level because an associate in his law firm was a member of the prosecutor's staff during the period when the crimes in question were being investigated. The inquirer seeks a determination from this Committee as to whether the same considerations prevent him from representing A on appeal.
DR 9-101(B) provides that: "A lawyer shall not accept private employment in a matter in which he had substantial responsibility while he was a public employee." Although the facts submitted do not indicate whether the former assistant prosecutor had substantial responsibility in any phase of the investigation of the crimes with which A and B had been charged, we assume from the action of the trial court that he had. Cf. our Opinion 329, 99 N.J.L.J. 433 (1976).
We therefore believe that the representation on appeal as described in this inquiry would be ethically impermissible.
* * *
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.