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  5. 102 N.J. 194 (1986)
 

PETITION FOR REVIEW OF OPINION 552

102 N.J. 194 (1986)

507 A.2d 233

IN THE MATTER OF THE PETITION FOR REVIEW OF OPINION 552 OF THE ADVISORY COMMITTEE ON PROFESSIONAL ETHICS.

The Supreme Court of New Jersey.

Decided April 9, 1986.

Attorney(s) appearing for the Case

Michael R. Clancy, Deputy Attorney General, argued the cause for appellant Attorney General of New Jersey (Irwin I. Kimmelman, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

David H. Ben-Asher, Essex County Counsel, argued the cause for appellant pro se (David H. Ben-Asher, attorney; Janice Falivena, Assistant County Counsel, on the briefs).

John C. Pidgeon, First Assistant Corporation Counsel, argued the cause for appellant City of Newark (Rosalind Lubetsky Bressler, Corporation Counsel, attorney).

Michael J. Hogan, Burlington County Solicitor, argued the cause for appellant pro se.

John F. Neary argued the cause for respondent Advisory Committee on Professional Ethics (Connell, Foley & Ceiser, attorneys; John F. Neary and Theodore W. Geiser, of counsel).

Fred G. Stickel, III, General Counsel, submitted a letter in lieu of brief on behalf of amicus curiae, New Jersey Institute of Municipal Attorneys.

The opinion of the Court was delivered by HANDLER, J.

The issue in this case is whether a municipal attorney may represent both the municipality and individual officials or employees of that municipality when all have been sued as co-defendants in a civil rights action under 42 U.S.C. § 1983. The Supreme Court's Advisory Committee on Professional Ethics (ACPE or Committee) ruled in Opinion 552 that it is never proper for an attorney simultaneously...

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