IN RE OPINION 662 OF THE ADVISORY COMMITTEE ON PROFESSIONAL ETHICS.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued March 16, 1993.
Decided July 8, 1993.
Attorney(s) appearing for the Case
Edwin W. Schmierer and Randolph C. Lafferty argued the cause for appellants John E. Coley, Jr., Esquire; William T. Cooper, III, Esquire; Nicholas J. Costa, Esquire; Randolph C. Lafferty, Esquire; Edwin W. Schmierer, Esquire (Kunzman, Coley, Yospin & Bernstein, William T. Cooper, III, pro se, Costa and Vetra, Megargee, Youngblood, Franklin & Corcoran, and Mason, Griffin & Pierson, attorneys; Mr. Schmierer, of counsel; Robin Hauer, on the brief).
Duane O. Davison argued the cause for appellant Donald S. Driggers, Esquire (Lomurro, Davison, Eastman & Munoz, attorneys).
Stuart D. Boyd argued the cause for appellant Stuart D. Boyd pro se.
John A. Almeida argued the cause for appellants Zane & Lozuke, P.C.; Waters & Sherman, P.A.; Rosenberg & Rosenberg, P.A.; Scangarella & Feeney, P.A.; Valentino, Dunne & Stein, P.A.; Kummer, Knox & Naughton, P.A.; Almeida & Hunt, P.A.; and Michael J. McKenna, Esquire (Almeida & Hunt, attorneys; Mr. Almeida, Richard W. Hunt, and Peter C. Lange, Jr., on the brief).
Joseph L. Yannotti, Assistant Attorney General, argued the cause for respondent, Advisory Committee on Professional Ethics (Robert J. Del Tufo, Attorney General of New Jersey, attorney).
Annemarie Williams submitted a brief on behalf of appellant Gilmore & Monahan, P.A. (Gilmore & Monahan, attorneys).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by O'HERN, J.
The question in this case is whether an attorney, or an attorney and associate (by "associate" we mean partner, associate, or one sharing offices) may simultaneously serve as municipal attorney and as municipal prosecutor in the same municipality. The Advisory Committee on Professional Ethics (ACPE or Committee) determined that neither an attorney nor an attorney and associate may hold both positions. The Committee...
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