The Court having determined that the limitations on municipal prosecutors imposed by State v. Clark, 162 N.J. 201 (2000), should not be extended to the partners, shareholders, associates, employers, or members of a limited liability entity of a municipal prosecutor pending the issuance of the final report of the American Bar Associationís Commission on the Evaluation of the Rules of Professional Conduct (the 'Ethics 2000 Commission') and its review by the Court,
IT IS ORDERED that Rule 1:15-4 is relaxed to exempt from its terms the limitations imposed on municipal prosecutors in State v. Clark, supra, effective January 1, 2001, through December 31, 2002, and until the further Order of the Court.For the Court:
Re: Relaxation of Rule 1:15-4 (State v. Clark)
In response to an inquiry, the Supreme Court published a Notice to the Bar soliciting comments on whether the limitations on municipal prosecutors imposed by the Court in State v. Clark, 162 N.J. 201 (2000), extended to their partners, employers, associates, shareholders, or members in a professional limited liability entity. A number of comments were received. The Court has given all of them due consideration.
Contemporaneous with the filing of this Notice to the Bar, the Court is publishing an Order that relaxes the language of Rule 1:15-4 for two years and until the further Order of the Court, effective January 1, 2001, the date that the decision in Clark is to take full effect. The effect of that relaxation is to make the proscriptions of Clark personal to the municipal prosecutor.
The Court is relaxing the Rule to permit the completion of the work of the American Bar Associationís Commission on the Evaluation of the Rules of Professional Conduct (the 'Ethics 2000 Commission'). When the report of the Commission is filed, the Court will establish an ad hoc committee to review all of the proposals, including those that relate to the subject matter of State v. Clark.Stephen W. Townsend, Esquire