STATE OF NEW JERSEY VS. DAVID HUDSON
A-2943-14T4
In this interlocutory matter, we review an order
disqualifying counsel and his firm from representing defendant,
The State moves for
conflict of interest
the ten Newark police officers
a former Newark
disqualification
resulted because one of
identified by the State as possible witnesses was counsel's
disqualification
resulted because one of
identified by the State as possible witnesses was counsel's
police
alleging
officer.
an actual
an actual
former client. Additionally, the State alleges counsel had a
current conflict based on an appearance of impropriety as he was
an attorney for the Newark Fraternal Order of Police lodge, in
which the Newark police officers are members.
We reverse the order and remand for further proceedings, concluding the record did not support the finding or existence of an actual conflict of interest. Further, the trial judge erred in grounding his determination of a potential conflict on the appearance of impropriety. We hold the appearance of impropriety standard may not be used as a basis to find a conflict of interest under RPC 1.7 or 1.9. In re Supreme Court Advisory Comm. on Prof'l Ethics Op. No. 697, 188 N.J. 549, 563 n.5, 568 (2006).
We reverse the order and remand for further proceedings, concluding the record did not support the finding or existence of an actual conflict of interest. Further, the trial judge erred in grounding his determination of a potential conflict on the appearance of impropriety. We hold the appearance of impropriety standard may not be used as a basis to find a conflict of interest under RPC 1.7 or 1.9. In re Supreme Court Advisory Comm. on Prof'l Ethics Op. No. 697, 188 N.J. 549, 563 n.5, 568 (2006).
