Legal Opinion

In Re Review of Opinion 552 of Advisory Committee on Professional Ethics

Supreme Court of New Jersey

Decided April 9, 1986PublishedCited by 30 opinions

1Opinion of the Court

The opinion of the Court was delivered by

HANDLER, J.

The issue in this case is whether a municipal attorney may represent both the municipality and individual officials or employees of that municipality when all have been sued as co-defendants in a civil rights action under 42 U.S.C. § 1983. The Supreme Court’s Advisory Committee on Professional Ethics (ACPE or Committee) ruled in Opinion 552 that it is never proper for an attorney simultaneously to represent a governmental entity and any of its officials or employees when they are co-defendants in such a civil rights action. We granted…

2Cases cited38 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Kentucky v. GrahamSupreme Court of the United States · 1985
  4. Monroe v. PapeSupreme Court of the United States · 1961
  5. Smith v. WadeSupreme Court of the United States · 1983

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3Cited by30 opinions

  1. State v. NormanSupreme Court of New Jersey · 1997
  2. Cardona v. General Motors Corp.District Court, D. New Jersey · 1996
  3. Anastasio v. Planning Bd. of Tp. of West OrangeNew Jersey Superior Court Appellate Division · 1986
  4. Eugster v. City of SpokaneCourt of Appeals of Washington · 2002
  5. Eugster v. City of SpokaneCourt of Appeals of Washington · 2002

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