| Date: | 09/29/1982 |
|---|---|
| Organization: | State Ethics Commission |
A state legislator who is also an attorney may receive compensation for representing a private client in connection with a legal action against the MBTA, since the law specifically permits members of the General Court to be compensated for appearing personally before courts of the Commonwealth in relation to matters in which state agencies are a party.
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 an accident which occurred while she was a passenger on a Massachusetts Bay Transit Authority (MBTA) bus. You are considering the commencement of an action in court against the MBTA for negligence in the operation of the bus.
May you represent your client in connection with the legal action against the MBTA?
Yes.
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 the MBTA, a state agency,[2] is a party. You may, therefore, represent your client in commencing a negligence action against the MBTA.
DATE AUTHORIZED: SEPTEMBER 29, 1982
End Of Decision
