Advisory Opinion No. 98-80

Re: John S. Brunero, Jr., Esq.

QUESTION PRESENTED

The Petitioner, a West Warwick Municipal Court Judge, a municipal appointed position, requests an advisory opinion as to whether he may represent private clients before the West Warwick Probate Court, Planning Commission, Zoning Board and Town Council given his status as Municipal Judge within the same municipality.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not bar the Petitioner, a West Warwick Municipal Court Judge, a municipal appointed position, from representing private clients before the West Warwick Probate Court, Planning Commission, Zoning Board and Town Council provided that the case is not related to a matter in which he is involved as Municipal Court Judge or over which the Municipal Court has jurisdiction.

The Petitioner advises that he wishes to represent clients in his private law practice before the West Warwick Probate Court and various municipal agencies while serving as Municipal Court Judge within the same municipality. He indicates that the Municipal Court has no jurisdiction over the matters that he wishes to handle. Under the Code of Ethics, the Petitioner may not have an interest or engage in any employment or professional activity that is in substantial conflict with the proper discharge of his duties in the public interest. He also is prohibited from using his public position or confidential information received through his position to obtain financial gain, other than that provided by law. Further, the Code prohibits the Petitioner from representing himself or any other person before the agency of which he is a member or by which he is employed and for one year after leaving the public position. See R.I. Gen. Laws §§ 36-14-5(e)(1), 5(e)(2), and 5(e)(4).

The Commission concludes that Code of Ethics does not bar the Petitioner from representing clients before the Probate Court, Planning Commission, Zoning Board and Town Council. He may represent clients in those forums provided his representation does not relate to matters in which he is involved as a Judge or over which the Municipal Court has concurrent or appellate jurisdiction. The fact that the Petitioner receives his appointment from the Town Council does not per se prohibit him from appearing before other agencies in the Town absent some indication of the potential for improper influence. Additionally, since the Petitioner is not a member or employee of the municipal bodies before which he wishes to appear, the prohibitions set forth in R.I. Gen. Laws § 36-14-5(e) do not apply

Code Citations:

36-14-5(a)

36-14-5(d)

36-14-5(e)

36-14-7(a)

Related Advisory Opinions:

96-96

96-53

96-1

90-65

86-69

Keywords:

Acting as agent

Private employment