Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Monday, October 12, 2009

Court Rule RULE 1:19. ADVISORY COMMITTEE ON PROFESSIONAL ETHICS 1:19-1. Appointment and Organization

Court Rule RULE 1:19. ADVISORY COMMITTEE ON PROFESSIONAL ETHICS

1:19-1. Appointment and Organization

    The Supreme Court shall appoint an Advisory Committee on Professional Ethics consisting of fifteen members of the bar and three lay members. Members shall serve for terms of three years with the terms of six such members expiring each year. No member who has served four full three-year terms shall be eligible for immediate reappointment. A vacancy occurring during a term shall be filled for the unexpired portion thereof. The Court shall annually designate a member of the committee to serve as Chairperson and another member to serve as Vice Chairperson. The Administrative Director of the Courts shall serve as secretary of the committee.

Note: Source-R.R. 1:26A(a). Amended June 29, 1990 to be effective September 4, 1990; amended November 7, 2005 to be effective immediately.

1:19-2. Jurisdiction

    The committee shall accept inquiries only from the state bar association, from any county or local bar association, or from any member of the New Jersey bar, concerning proper conduct for a member of the legal profession under the Rules of Professional Conduct of the American Bar Association as amended by the Supreme Court (except for inquiries relating to advertisements and other communications arising under Rules of Professional Conduct 7.1 through 7.5, exclusive of 7.3(c), (d), (e) and (f)) and other Rules of this Court governing the practice of attorneys. It shall not consider an inquiry involving a pending action where its opinion might affect the interests of the parties, and it may decline to accept any inquiry without stating its reasons therefor.

Note: Source-R.R. 1:26A(b) (first sentence), (c) (third sentence), (d); amended April 4, 1977, effective immediately; first sentence amended June 26, 1987 to be effective July 1, 1987.

1:19-3. Form of Inquiry

    All inquiries shall be addressed to the secretary who shall transmit them to the committee. They shall be in writing, shall set out the factual situation in detail, shall be accompanied by a short brief or memorandum citing the rules of court or canons of ethics involved and any other pertinent authorities, and shall contain a certificate that any opinion of the committee will not affect the interests of the parties to any pending action.

Note: Source-R.R. 1:26A(b) (second and third sentences).

1:19-4. Disposition of Inquiries

    The committee may act through parts consisting of not fewer than six members, but if the opinion of any such part is not unanimous the inquiry shall be referred to the committee as a whole. No opinion shall be given by the committee as a whole unless concurred in by eleven members thereof. The opinion of the committee on any inquiry accepted for consideration shall be in writing and shall be filed with the secretary, who shall transmit a copy to the person making the inquiry and, where the committee so requests, make suitable arrangements for its publication. Published opinions shall not, insofar as practicable, identify the party or parties making the inquiry. The committee, in its discretion, may conduct a hearing on any inquiry.

Note: Source-R.R. 1:26A(c) (first, second and fourth sentences), (e). Amended June 29, 1990 to be effective September 4, 1990.

1:19-5. Inquiries From Supreme Court

    The committee as a whole shall consider and render opinions on such matters as the Supreme Court may from time to time submit to it. Such opinions shall not be published without prior approval of the court.

Note: Source-R.R. 1:26A(f).

1:19-6. Effect of Published Opinions

    Published opinions of the committee shall be binding upon the Ethics Committee in their disposition of all matters.

1:19-7. Procedure

    The committee shall, subject to the approval of the Supreme Court, determine the methods and procedure to be followed in considering inquiries and expressing opinions.