Advisory Opinion No. 96-56

Re: Turner C. Scott, Esq.

Question Presented

The Town Solicitor and the Assistant Town Solicitor for the Town of Portsmouth requests an advisory opinion as to whether either of them may represent the Town's Chief of Police in defending criminal charges brought against him in a private criminal complaint filed in District Court.

Response

General Commission Advisory Opinions Nos. 3 and 4 advise city and town solicitors and counsel for state boards, commissions and agencies, respectively, that pursuant to provisions of the Code of Ethics they may not represent officials or employees of the city or town, or board, commission or agency they serve as solicitor or counsel on matters relating to allegations of Ethics Code violations. See R.I. Gen. Laws 36-14-5(a), (b) and (d). The prohibition applies whether the solicitor or counsel would be paid with public monies or hired privately.

The same prohibitions apply here, where the charges against a public official are brought in a criminal court rather than before this Commission. Therefore, the Town Solicitor and Assistant Town Solicitor for the Town of Portsmouth may not represent the Chief of Police in defending criminal charges brought against him in District Court.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

Related Advisory Opinions:

GCA-3

GCA-4

Keywords:

acting as agent

private employment