Prosecutor’s Ethical Responsibilities Apply in Municipal Court – Opinion 698

The attached is a joint opinion released today by the Supreme Court’s Advisory Committee on Professional Ethics (Opinion 698) and the Committee on Advertising (Opinion 29). Although the thrust of the joint opinion deals with some of the more outrageous, false and irresponsible representations that have recently been made by New Jersey attorneys as part of direct mail solicitations, there is also an important legal issue discussed as well.

The joint opinion states (for the first time) that, under New Jersey law, the ethical responsibilities of a prosecutor under RPC 3. 8apply not only to the prosecution of crimes, but also to the prosecution of traffic offenses, quasi-criminal matters or any other municipal court proceeding.

This joint opinion has the force and effect of law and would be of enormous significance to the Supreme Court if this issue were to litigated before it in a disciplinary case.

Download a copy of the Joint opinion

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