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IN RE COMMITTEE PROFESSIONAL ETHICS OPINION 452

87 N.J. 45 (1981)

432 A.2d 829

IN RE OPINION 452 OF THE ADVISORY COMMITTEE ON PROFESSIONAL ETHICS.

The Supreme Court of New Jersey.

Decided July 9, 1981.

Attorney(s) appearing for the Case

Edwin W. Schmierer argued the cause for appellants Mason, Griffin & Pierson (Mason, Griffin & Pierson, attorneys; Mr. Schmierer and Ralph S. Mason, III, on the brief).

Michael B. Kirschner argued the cause for appellants Magee, Kirschner & Graham (Magee, Kirschner & Graham, attorneys).

Erminie L. Conley, Assistant Attorney General, argued the cause for the Advisory Committee on Professional Ethics (John J. Degnan, Attorney General of New Jersey, attorney).

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

The issue in this case is whether an attorney may hold the position of municipal prosecutor while his partner holds the position of planning board attorney in the same municipality.

The Advisory Committee on Professional Ethics held in Opinion 452 "that it would be improper for a municipal prosecutor to be the partner of the attorney for the planning board in the same municipality." We granted motions...

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