Advisory Opinion No. 96-10

Re: Richard S. Humphrey, Esq.

QUESTION PRESENTED

The Town Solicitor for the Town of Little Compton requests an advisory opinion as to whether he may represent private clients before the Little Compton Probate Court given that both the Solicitor and the Probate Judge serve as officials appointed by the Town Council.

RESPONSE

The Rhode Island Code of Ethics does not prohibit the Town Solicitor for the Town of Little Compton from representing private clients before the Little Compton Probate Court. Neither the Town Solicitor nor the Judge(s) of the Probate Court have any authority or responsibility with respect to the other. Both are appointed to their positions by the Town Council, and therefore serve as appointed officials in the Town of Little Compton, but otherwise the positions have no relationship or involvement with each other. Section 36-14-5(e), R.I. Gen. Laws, bars an offical from representing clients before any state agency of which he or she is a member or by which he or she is employed. Here, the Town Solicitor is neither a member of nor employed by the Probate Court, nor is there any indication that the representation at issue here would implicate any other provisions of the Code of Ethics.

Keywords

Acting As Agent