WVSB 1978

Can an assistant prosecuting attorney also serve on an appointed board that hears civil business-and-occupation (B&O) tax matters in a town?

Short answer: LEI 78-18 concluded there would be no conflict of interest for an assistant prosecuting attorney to sit in an appointed position on a board hearing civil matters relating to the payment of business and occupation (B&O) taxes.

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This page answers the general question as of 1978. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1978
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
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

An assistant prosecuting attorney asked whether it would be unethical for him to sit in an appointed position on a board hearing civil matters relating to the payment of business and occupation (B&O) taxes in a town. After some discussion, the Committee concluded that there would be no conflict of interest in this situation.

The opinion is a brief disposition. It does not identify a particular disciplinary rule or set conditions on the dual service.

Currency note

This opinion was issued in 1978, before West Virginia replaced its Code of Professional Responsibility with the Rules of Professional Conduct, effective January 1, 1989, and before later rule revisions, including the comprehensive 2015 amendments. 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 Treat this page as historical context, not current guidance.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 or requirement mentioned here.

Common questions

Q: Did the Committee find a conflict of interest in the dual role?

A: No. The opinion concluded that there would be no conflict of interest in an assistant prosecuting attorney holding the appointed board position described.

Q: What was the board's subject matter?

A: Civil matters relating to the payment of business and occupation (B&O) taxes in a town.

Background and rules framework

The opinion does not cite a specific disciplinary rule. It addresses whether an assistant prosecuting attorney's outside service on a tax board creates a disqualifying conflict, and the Committee answered that, on the facts presented, it did not.

See also

Source

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

LEGAL ETHICS INQUIRY 78-18

_ inquired whether it would be unethical for him as Assistant Prosecuting Attorney in County to sit in an appointed position on a board to hear civil matters relating to the payment of B & O taxes in the town of __. After some discussion, the Committee concluded that there would be no conflict of interest in this situation.

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