| Date: | 12/04/1981 |
|---|---|
| Organization: | State Ethics Commission |
| Location: | Boston, MA |
A member of the General Court who is also an attorney in private practice may represent a client who was involved in a motor vehicle accident in an area under the jurisdiction and control of a state agency and may file a court action for negligence against the state agency in the operation of the accident area.
You currently serve as a member of the General Court and are also an attorney. Your law firm represents an individual who was involved in a motor vehicle accident in an area under the jurisdiction and control of a state agency (ABC). In addition to filing a negligence claim against the manufacturer of your client's motor vehicle, you are considering the commencement of an action in court against ABC for negligence in the operation of the accident area. You wish to know whether the conflict of interest law, G.L. c. 268A, permits you to represent your client in connection with ABC action. The Commission advises you that it does.
In rendering this opinion, the Commission has relied upon the facts as you have stated them and has not made any independent investigation of those facts.
In your capacity as a member of the General Court, you are a state employee within the meaning of G.L. c. 268A, s.1(q). Section 4(c) of G.L. c. 268A places restrictions on the activities of state employees in representing private, non-state interests in relation to particular matters in which the commonwealth is a party or has a direct and substantial interest. Paragraph 5 of G.L. c. 268A, s.4,[1] however, specifically exempts members of the General Court from the restrictions of s.4(c) and permits you, as a member of the General Court, to personally appear for private compensation before a court of the commonwealth in relation to an action in which ABC, a state agency, is a party. You may, therefore, represent your client in commencing a negligence action against ABC.
End of Decision
