LEO: Conflict of Interests/Commonwealth's LE Op. 483

 

Conflict of Interests/Commonwealth's Attorney as Private Attorney

in Sec. 1983 Action.

 

November 29, 1982

 

It would not be improper for a part-time Commonwealth's attorney to

prosecute a 1983 action challenging the constitutionality of a state

statute (which provides for a pay differential among members of a state

agency) under the described circumstances:

 

(1) The attorney has no duty to enforce this statute.

 

(2) Named defendants will not include any persons in the state government

for whom the attorney must provide legal representation. [See DR:5-101(A)

and DR:9-101(B).]

 

Committee Opinion November 29, 1982