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In re Advisory Committee on Professional Ethics Opinion 545

Citations: 102 N.J. 339; 508 A.2d 214; 1985 N.J. LEXIS 3109

Court: Supreme Court of New Jersey; October 8, 1985; New Jersey; State Supreme Court

Narrative Opinion Summary

The Court has reviewed petitions for the reconsideration of Opinion 545 from the Advisory Committee on Professional Ethics. After considering the records and arguments presented, the Court has ordered the matter to be remanded to the Advisory Committee for a hearing to gather additional evidence regarding potential conflicts of interest between the roles of a regional high school board attorney and an attorney for a school board within that region. This evidence collection will include testimonies from relevant stakeholders such as lawyers, school board members, and public officials knowledgeable about the practices related to regional school boards. Following the gathering of this expanded record, the Advisory Committee is tasked with re-evaluating the issues and providing a new opinion for the Court’s review, with appropriate notice to involved parties. The Court retains jurisdiction over the matter.

Legal Issues Addressed

Conflict of Interest in School Board Representation

Application: The Court seeks to determine potential conflicts of interest by gathering testimonies from stakeholders.

Reasoning: This evidence collection will include testimonies from relevant stakeholders such as lawyers, school board members, and public officials knowledgeable about the practices related to regional school boards.

Jurisdiction Retention by the Court

Application: The Court maintains jurisdiction over the matter while the Advisory Committee conducts further proceedings.

Reasoning: The Court retains jurisdiction over the matter.

Reconsideration of Advisory Opinions

Application: The Court remands an opinion for further evidence gathering to resolve potential conflicts of interest.

Reasoning: The Court has ordered the matter to be remanded to the Advisory Committee for a hearing to gather additional evidence regarding potential conflicts of interest between the roles of a regional high school board attorney and an attorney for a school board within that region.