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4 N.J.A.R. 101

Stone Harbor, Borough of v. Environmental Protection, Department of, 'et al
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Citation: 4 N.J.A.R. 101
Decision Date: 1980
Agency: DIVISION OF COASTAL AREAS RESOURCES
Synopsis: The respondent in this matter moved to bar counsel for petitioner because of an alleged conflict of interest. At issue was the application of N.J.S.A. 52:13D-16 which places restriction on the practice of law by members of the State Legislature. The administrative law judge noted that N.J.S.A. 52:13-D-16(b) prohibits members of the Legislature and their partners and employees from representing, appearing for, negotiating on behalf of, or agreeing to represent any person other than the State in connection with any cause, proceeding, application, or other matters pending before a State agency. While N.J.S.A. 52:13D-16(c) provides an exception to that prohibition when the legislator is representing a municipality, that exception does not apply when the State is an adverse party. While observing that there are certain types of hearings before administrative agencies where the State is not an adverse party the administrative law judge concluded that in this matter, the State is clearly a party adverse to the Borough of Stone Harbor. Accordingly, the administrative law judge held that petitioner's counsel was barred from appearing in the matter. William M. Balliette, Jr., Esq:, for petitioner (Cafiero and Ba-liette, attorneys) John Van Dalen, Esq., Deputy Attorney General for respondent, Division of Coastal Resources (John Degnan, Esq., Attorney General, attorney) Gall G. Abrams, Esq., for C.A.P.E. and the American Littoral Society