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)
Committee Opinion November 29, 1982