NYSBA Ethics Opinion 23
Opinion #23 – 02/09/1966 (11-65)
adverse interests, appearance, conflict of interests, criminal practice, part-time public, prosecutors, public, representation, town/village
Topic: Conflict of Interest. Part-Time Public Employee
Digest: Improper for same individual to serve as both Village Attorney and Public Defender
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?
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.