Local Government Attorneys - Criminal Defense and Labor Case Conflicts?
The status of a local government attorney is important. An
external local government attorney, that is, one not employed full-time
by the government, is still seen as the top legal official in town,
someone whose word is effectively law, especially at government
meetings. Such an attorney is also seen as representing the public
interest whenever the government is involved.<br>
<br>
But part-time, external local government attorneys have mouths to feed,
and they are often approached by clients for their expertise and for
the very reason that they are so highly respected in town. It is
generally held that such an attorney cannot represent a client suing
the local government. But what about criminal defendants picked up by
the local government police?<br>
<br>
According to <a href="http://www.timesonline.com/articles/2009/01/06/news/doc496422bde19b8240…; target="”_blank”">an article in yesterday's Beaver County <span>Times,</span></a> the board of supervisors
just dealt with this issue in Moon Township, PA, which is outside my
hometown, Pittsburgh (when you leave the airport, you can turn one way
for Pittsburgh and the other way to the Moon). Another issue raised is
whether the township attorney should handle labor cases.<br>
<br>
One supervisor proposed that the township attorney be retained with two
conditions: no criminal cases related to Moon and no township labor
matters. He argued that the situations create a conflict of interest.
“We need to send a message to our officers and our employees that we
have a board that supports them and a solicitor who supports them.”
Having the township attorney try to poke holes in criminal
investigations could demoralize the police and could even lead to civil
lawsuits. Labor matters too involve adversarial relationships with
township employees.<br>
<br>
The police chief supported the proposal, saying, “Part of the duty of a
defense attorney is to undermine the prosecution, and in doing so, [the
township attorney] could in some ways help the defendant build a civil
case against Moon. You never know when someone is going to make a case
against us."<br>
<br>
These are, I think, good arguments. And they show how complex the role
of local government attorney is.<br>
<br>
But the proposal lost 3 to 2, with "Fly to the Moon" Frank Sinatra (I
kid you not) voting in the majority.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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