Advisory Opinion No. 97-28

Re: William J. Murphy, Esq.

QUESTION PRESENTED

Whether an elected member of the Rhode Island State House of Representatives, who makes his living as an attorney, may represent a West Warwick firefighter in proceedings before the West Warwick Town Council in a termination action initiated by the Town of West Warwick, given that the Town of West Warwick is part of the representative's district.

RESPONSE

William J. Murphy is an elected member of the Rhode Island State House of Representatives. His district, District 39, includes the towns of West Warwick and Coventry. He makes his living as an attorney. This past year he represented a firefighter employed by the Town of West Warwick in state court criminal proceedings. His client pleaded guilty to embezzlement in the criminal matter and now faces a termination action before the West Warwick Town Council.

It is the opinion of the Rhode Island Ethics Commission that the Petitioner may represent his client before the West Warwick Town Council. Very simply, the sovereign the Petitioner serves as an elected member of the State House of Representatives is different from the sovereign before which he would appear in representing his client in the termination action; as a result, he may represent his client in matters before the West Warwick Town Council without any conflict of interest.

In addition, in his capacity as a member of the State House of Representatives, the Petitioner does not exercise either fiscal or jurisdictional control over the West Warwick Town Council. See Commission Regulation 5008. Therefore, absent some other relationship, no conflicts of interest under the Code of Ethics are present.

This opinion is strictly limited to the facts stated herein and relates only to the application of the Rhode Island Code of Ethics. This Commission offers no opinion on the effect which any other statute, ordinance, constitutional or charter provision or canons of professional ethics may have on your situation. Under the Code of Ethics advisory opinions are based on the representations made by, or on behalf of, an official and are not adversary, or investigative proceedings.

Code Citations:

36-14-5(a)

36-14-5008

Related Advisory Opinions:

96-026

96-012

95-038

92-071

92-015

Keywords:

dual public roles