Rule text
a. Sheriffs and County Prosecutors. An attorney who is a sheriff or county prosecutor, or is in the employ or service of such an official, shall not practice on behalf of any defendant in any criminal, quasi-criminal or penal matter, whether judicial or administrative in nature. Nor shall an attorney who is a sheriff of any county or in the sheriff's employ practice in any court in that county.
b. Municipal Attorneys and Members of Governing Bodies. A municipal attorney of any municipality shall not represent any defendant in the municipal court thereof, except to perform official duties, but may represent a defendant in a joint municipal court if the defendant resides and the offense was allegedly committed in a municipality for which the attorney is not the municipal attorney. A municipal prosecutor shall not represent a defendant in any other municipal court in that county or in a criminal proceeding in the Superior Court in that county but may represent a defendant in a municipal court or in a criminal proceeding in the Superior Court in a county other than the one in which he or she serves as a municipal prosecutor. An attorney who is a member of the governing body of a municipality shall not practice in the municipal court of that municipality. For purposes of this rule, a municipal public defender shall not be deemed a municipal attorney.
c. Other Attorneys Representing Public Bodies. Paragraphs
(a) and (b) of the rule shall not be deemed to exhaust the limitations on practice necessitated by a conflict of interest on the part of an attorney representing a public body, agency or officer.
Notes
Note: Source-R.R. 1:26-3(a)(b)(c)(d); paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended January 19, 2000 to be effective immediately; paragraph (b) amended July 5, 2000 to be effective September 5, 2000.