N.Y.Ethics opinion
New York bar says public defender's personal conflict not imputed within government office
The New York State Bar Association's Committee on Professional Ethics said in Opinion 1300, dated 31 August 2026, that a public defender office that is a government office is governed by Rule 1.11, not Rule 1.10. The committee said a conflict under Rule 1.7(a)(2) based on a lawyer's personal interest in a relative heading a county agency would not be imputed to other lawyers in the office.
Opinion (New York State Bar Association) →
Key points
- Opinion assumes County A public defender office with Civil and Criminal Divisions staffed by government employees.New York State Bar Association
- Relative of Criminal Division assistant heads County agency interacting with Civil Division matters.New York State Bar Association
- Committee could not determine if Criminal Division lawyer has Rule 1.7(a)(2) personal-interest conflict on facts given.New York State Bar Association
- If conflict exists, Rule 1.11 applies, not Rule 1.10, so it is not imputed to other office lawyers.New York State Bar Association
- No imputation means no screening required under Rule 1.11 for other lawyers in the government office.New York State Bar Association
- If office were non-government, Rule 1.10 imputation would apply; amendments effective 1 July 2025 control.New York State Bar Association