NYSBA Committee on Professional Ethics: Opinion 874

Daily Record Staff//August 19, 2011//

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NYSBA Committee on Professional Ethics

Part-time Prosecutor

Opinion 874

Background: The inquirer represents criminal defendants in town courts. He was offered a part-time position as a prosecutor to handle vehicle and traffic matters in a local justice court in the same county of his practice. The inquirer expects to handle only five to seven traffic matters a month.

Question: May an attorney who represents criminal defendants in town courts accept a position as a part-time prosecutor with respect to vehicle and traffic matters in a local justice court in the same county?

Opinion: An attorney who represents criminal defendants in town court may not accept a position as a part-time prosecutor of vehicle and traffic offenses. The committee stated that even a part-time prosecutor acts on behalf of the people of the state. Such an arrangement would give rise to the appearance of a conflict of interest.

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