IN RE EXEC. COM'N ON ETHICAL STAND.


116 N.J. 216 (1989)

561 A.2d 542

IN RE DETERMINATION OF EXECUTIVE COMMISSION ON ETHICAL STANDARDS RE: APPEARANCE OF RUTGERS ATTORNEYS BEFORE THE COUNCIL ON AFFORDABLE HOUSING ON BEHALF OF THE CIVIC LEAGUE, PLAINTIFFS.

The Supreme Court of New Jersey.

Decided August 2, 1989.


Attorney(s) appearing for the Case

Frank Askin argued the cause for appellant Civic League of Greater New Brunswick (John Payne and Barbara Stark, attorneys; Arthur Kinoy, of counsel).

Lewis A. Scheindlin, Deputy Attorney General, argued the cause for respondent Executive Commission on Ethical Standards (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney; Benjamin Clarke, Deputy Attorney General, of counsel).

John P. Thurber, Assistant Deputy Public Advocate, argued the cause on behalf of amicus curiae Public Advocate of the State of New Jersey (Alfred A. Slocum, Public Advocate, attorney).

Nadine Taub and Patricia E. Rousseau submitted a brief on behalf of amicus curiae Urban Legal Clinic, Environmental Law Clinic, Women's Rights Litigation Clinic, and Prisoners' Rights Legal Clinic.

Bernard Kenneth Freamon submitted a brief on behalf of amicus curiae Society of American Law Teachers (Mr. Freamon, attorney; Charles D. Wiesselberg, a member of the California bar, of counsel).

Paul Schachter submitted a brief on behalf of amicus curiae American Association of University Professors (Reinhardt & Schachter, attorneys; Stefan H. Krieger, a member of the Texas bar, of counsel).

Bennet D. Zurofsky submitted a brief on behalf of amicus curiae Association of American Law Schools (Reitman, Parsonnet, Maisel & Duggan, attorneys).


The opinion of the Court was delivered by O'HERN, J.

The question in this case is whether a Rutgers law professor conducting a clinical teaching program is to be regarded as a "State employee" for purposes of the New Jersey Conflicts of Interest Law, N.J.S.A. 52:13D-12 to -27. Specifically, the question is whether the clinical teaching program is prohibited from carrying out its legal mission before a State administrative agency, in this case, the Council on...

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