NYSBA Ethics Opinion 23

NYSBA Ethics Opinion 23

2.9.1966

By Committee on Professional Ethics

NEW YORK STATE BAR ASSOCIATION

Professional Ethics Committee Opinion

Opinion #23 – 02/09/1966 (11-65)

Topic: Conflict of Interest.  Part-Time Public Employee
Digest: Improper for same individual to serve as both Village Attorney and Public Defender
Canon: None

QUESTION

Is it possible for the same person to be Village Attorney and Public Defender in a Village which maintains a Police Justice court and where the Public Defender will be functioning in the course of his duties?

OPINION

It would not be proper for the same individual to serve both as Village Attorney and as Public Defender if his employment includes the duty of prosecuting.