Could an elected state's attorney also serve on Vermont's Public Service Board?
Apply this to your situation
This page answers the general question as of 1979. Ask about yours and see what the current Vermont Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The opinion quoted 21 V.S.A. 217 as requiring the attorney general or the state's attorney of the county where a Public Service Board hearing is held to represent the state in specified matters involving rate increases or financing approvals.
The committee reasoned that a Board member could not also advocate before that Board. It cited equal access to tribunals under EC 7-35 and Canon 9's appearance-of-impropriety concern. Although the statutory representation duty was shared with the attorney general, the committee said the legislature contemplated occasions when the local state's attorney would represent the public.
The committee applied EC 8-8's rule against a public-officer lawyer's personal or professional interests conflicting with official duties. Accepting a Board post that would preclude the elected official from carrying out those duties created that conflict.
Currency note
This opinion was issued in 1979 under Vermont's former Code of Professional Responsibility. The Vermont Supreme Court's rules history says the Rules of Professional Conduct replaced the Code and applied to lawyer conduct after September 1, 1999; the court later made comprehensive amendments in 2009. 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 Treat this page as historical context, not current guidance.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 state's attorney advocate before a Board on which the attorney served?
A: The committee said it would be ethically improper for an incumbent Board member to act as an advocate before that Board.
Q: Did the attorney general's concurrent statutory duty resolve the conflict?
A: No. The committee said the legislature contemplated occasions when the local state's attorney would represent the public.
Background and rules framework
The opinion cited former EC 7-35, Canon 9, and EC 8-8 in analyzing the elected attorney's statutory duty and the proposed appointed Board position.
Citations and references
Vermont Code of Professional Responsibility:
- EC 7-35; Canon 9; EC 8-8.
Statute quoted:
- 21 V.S.A. 217, as cited in the opinion.
See also
- Vermont Ethics Op. 79-20: Lawyer married to a district judge
- Vermont Ethics Op. 79-29: Attorney General's office defending judges
Source
- Landing page: VBA conflict of interest opinions
- Original PDF: Vermont Advisory Opinion 79-12
- Rules history: Vermont Rules of Professional Conduct, “These rules apply to lawyer conduct after September 1, 1999.”
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