May a city attorney and municipal judge also serve as a county commissioner when the firm represents cities in that county?

Short answer The committee found no general professional-conduct rule barring the dual public offices, but the lawyer and firm could not represent cities on matters affecting the county; it left judicial-conduct rules outside its opinion.
Bar
SBAND
Issued
March 23, 1998

Apply this to your situation

This page answers the general question as of 1998. Ask about yours and see what the current North Dakota Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under North Dakota Rule for Lawyer Discipline 1.2(B), a lawyer who acts in good faith and in reasonable reliance on a written opinion of the association's ethics committee is not subject to sanction for the conduct the opinion addresses. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

The lawyer served as a municipal judge and city attorney, and the lawyer’s firm represented other cities. The lawyer asked whether election to the county commission would create conflicts.

The committee said the lawyer and firm could not represent cities or other clients on matters affecting the county, including a city’s negotiation with the county for judicial services. They could generally continue city work that did not affect the county, subject to confidentiality and use-of-information rules. It found no professional-conduct rule that generally barred simultaneous county commission and municipal judge service, but did not decide the North Dakota Code of Judicial Conduct question.

Currency note

This opinion was issued in 1998, before North Dakota's 2006 revisions to its Rules of Professional Conduct. The later North Dakota Opinion 06-05 states: “On August 1, 2006, material changes to N.D.R. Prof. Conduct 1.10(a) will take effect.” 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 Treat this page as historical context, not current guidance.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.

Common questions

Q: Could the firm represent a city in negotiations with the county?

A: No. The committee used negotiation of judicial services with the county as an example of a prohibited representation.

Q: Could the firm continue unrelated city work?

A: Generally yes, if the work did not directly or indirectly affect the county and the other cited duties were met.

Q: Did the committee approve the municipal judge role under judicial-conduct rules?

A: No. It expressly left the North Dakota Code of Judicial Conduct outside its opinion.

Background and rules framework

The opinion applied North Dakota Rules 1.7(a) and 1.10(a) to the lawyer and firm, and cited Rules 1.6 and 1.8 on confidential information and client disadvantage. It also quoted the state conflict-of-interest statute for local officials.

Citations and references

Rules of Professional Conduct:

  • North Dakota Rule 1.7(a).
  • North Dakota Rule 1.10(a).
  • North Dakota Rule 1.6.
  • North Dakota Rule 1.8.

Statutes:

  • N.D.C.C. § 44-04-22, disclosure and participation by a local official with a direct substantial interest.
  • N.D.C.C. §§ 11-09-47, 12.1-13-03, and 48-02-12, cited as related provisions.

See also

Source

Original opinion text

Full opinion text unavailable from the official source; see the linked source above for the complete text.

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