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Local Government Attorneys - Criminal Defense and Labor Case Conflicts?
Wednesday, January 7th, 2009
Robert Wechsler
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.
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?
According to an article in yesterday's Beaver County Times, 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.
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.
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."
These are, I think, good arguments. And they show how complex the role of local government attorney is.
But the proposal lost 3 to 2, with "Fly to the Moon" Frank Sinatra (I kid you not) voting in the majority.
Robert Wechsler
Director of Research-Retired, City Ethics
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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?
According to an article in yesterday's Beaver County Times, 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.
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.
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."
These are, I think, good arguments. And they show how complex the role of local government attorney is.
But the proposal lost 3 to 2, with "Fly to the Moon" Frank Sinatra (I kid you not) voting in the majority.
Robert Wechsler
Director of Research-Retired, City Ethics
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