Can a lawyer who is elected county commissioner keep representing the county school board, and what must the lawyer do when a school-board matter comes before the commissioners?

Plain-English summary

Lawyer L represented the county board of education and was then elected a county commissioner. The inquiry asked, first, whether L or his associate could continue to represent the school board and what limits L would face as a commissioner, and second, whether commissioner service required L to restrict his practice in other ways.

On the first question, the opinion concluded that L and his associate could represent the school board, but L should not personally represent it in any matter coming before the board of commissioners. When a matter in which L's associate represented the school board came before the commissioners, L should follow the steps prescribed by CPR 290: disclose his relationship to the matter in writing or in open meeting; refrain from expressing any opinion, public or private, and from any formal or informal consideration of the matter, including contact with other commissioners or staff about it; absent himself from all commission meetings during any discussion or hearing of the matter; and withdraw from voting on it, with or without the board's consent. Those steps applied whenever a matter came before the commissioners in which L or any member of his firm had a direct or indirect interest.

On the second question, the opinion concluded that if the commissioners were responsible for hiring, firing, promoting, or setting the salaries of the county's law enforcement officers, L should not represent criminal defendants in cases in which such officers were prosecuting witnesses, citing CPR 189 and 233. L's associate would not be so disqualified, citing CPR 252.

Currency note

This opinion was issued in 1989, before the North Carolina State Bar's adoption of the 2003 revisions to the Rules of Professional Conduct. It rests on the North Carolina State Bar's earlier CPR opinions (CPR 290, 189, 233, and 252) rather than a numbered Rule of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Could the lawyer keep representing the school board after becoming a county commissioner?

A: Yes. The opinion concluded that the lawyer and his associate could represent the school board, subject to recusal limits on the lawyer's commissioner role.

Q: What had to happen when a firm matter came before the commissioners?

A: The opinion concluded the lawyer had to disclose the relationship, refrain from any comment or consideration, leave the meeting during discussion, and withdraw from voting, following CPR 290.

Q: Did commissioner service limit the lawyer's criminal practice?

A: Yes. The opinion concluded that if the commissioners controlled the jobs of county law enforcement officers, the lawyer should not represent criminal defendants in cases where those officers were prosecuting witnesses; his associate was not disqualified.

Background and rules framework

The opinion did not cite a numbered Rule of Professional Conduct. It drew on the North Carolina State Bar's earlier CPR ethics opinions addressing conflicts arising when a lawyer holds public office (CPR 290 on recusal from board matters touching the lawyer's firm, and CPR 189, 233, and 252 on representing criminal defendants against officers whose employment the office controls).

Citations and references

Other opinions cited:

• CPR 290 (North Carolina): recusal steps when a firm matter comes before a board on which the lawyer sits
• CPR 189 and CPR 233 (North Carolina): limits on defending criminal cases prosecuted by officers the lawyer's public office controls
• CPR 252 (North Carolina): the lawyer's associate is not similarly disqualified

See also

• NC Ethics Op. RPC 105: public defender serving on the school board
• NC Ethics Op. RPC 130: employment of a board member's law firm
• NC Ethics Op. RPC 131: representation of county while suing department of social services

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/rpc-63/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Inquiry #1:

Lawyer L represents the county board of education as its attorney and has recently been elected as a county commissioner. Can Lawyer L or his associate represent the school board? If so, what limitations would Lawyer L have as county commissioner?

Opinion #1:

Lawyer L may represent the school board, as may his associate. Lawyer L should not personally represent the school board in any matter coming before the board of commissioners. Should a matter in which Lawyer L's associate is representing the school board be presented to the board of commissioners for decision, Lawyer L should take the following actions prescribed by CPR 290: 1) disclose in writing or in an open meeting to the board of commissioners his relationship to the matter involved, 2) refrain from an expression of opinion, public or private, on, or any formal or informal consideration of, the matter involved, including any communication or other form of contact with other members or staff of the board of commissioners concerning that matter, 3) absent himself from all meetings of the board of commissioners during any discussion or hearing of the matter and 4) withdraw from all voting on the matter, with or without the consent of the board of commissioners. The foregoing steps should be taken whenever a matter is presented to the board of commissioners in which Lawyer L or any member of his firm has a direct or indirect interest.

Inquiry #2:

Would service as a county commissioner require Lawyer L to restrict his law practice in other ways?

Opinion #2:

Yes. If the board of commissioners is responsible for hiring, firing, promoting or setting the salaries of the county's law enforcement officers, Lawyer L should not represent criminal defendants in cases in which such persons are prosecuting witnesses. CPR 189, 233. Lawyer L's associate would not be so disqualified. CPR 252.