76-1.

• Case Date: July 30, 1976
• Court: Alaska

Alaska Ethics Opinion 1976. 76-1. Ethics Opinion No. 76-1Propriety of an Attorney Who is a Member of a Legislative Body or Members of His Firm Practicing or Representing Clients Before that Legislative Body.The Committee's opinion has been requested in connection with the following statement of facts: "A", an attorney admitted to practice in Alaska, is elected to the Borough Assembly of the Borough in which he is a resident. The Borough Assembly has no authority to appoint, recommend, remove or affect the pay and emoluments of any magistrate or other judicial official within the Borough. The Assembly does, however, have the power by ordinance to hire, fire, and fix the pay and emoluments of the Borough Attorney. The Borough Charter requires each member of the Assembly to vote on each question raised for determination by the Assembly, except when otherwise prohibited from doing so, or when excused by all remaining members of the Assembly entitled to vote. The Charter also provides that a member of the Assembly is prohibited from voting on a matter wherein he has a substantial financial interest. Interpreting this latter provision as requiring abstention where a member of his law firm is either personally financially interested, or is employed to represent an applicant or litigant, "A" scrupulously abstains in such cases without putting the matter to a vote of the Assembly. Further, "A" personally refrains from accepting any employment which involves representation before the Assembly, or any city staff agency, board or commission, and announces his intention to refrain from voting on questions relating to the hiring, firing, or pay of the Borough Attorney. If forced to a vote on abstention, "A" would in any event refuse to vote. The sanction in the Borough Charter for such act would be a vote by the Assembly to remove the Assemblyman from office. Under the circumstances described, may other attorneys from the firm in which "A" is a partner undertake civil representation of clients having claims against the Borough; appear in civil matters before the Borough Assembly; and appear before Borough boards and commissions such as the planning and zoning commissions? 1. An attorney who is a member of a legislative body such as a borough assembly, which apparently has both legislative and quasi-judicial responsibilities, may not...