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Ethics
: Legal Ethics ForumNew Jersey troopers who want to practice law on the side lose their constitutional claim
New Jersey troopers were encouraged to go to law school and subsequently told that they couldn't practice law while a trooper. Their constitutional claims were rejected in this non-precendential opinion. Key paragraph:
Second, the District Court properly concluded that the state's decision to single out the legal profession is rationally related to its ethical concerns. The Code provision prohibiting Troopers from outside legal practice is far from perfectly crafted. It is simultaneously overinclusive ? in that it prohibits all part-time legal work ? and underinclusive ? in that DLPS employees are still permitted to engage in non-legal outside employment where the risk of ethical conflict is high. Nonetheless, the District Court did not err in concluding that the provision withstands rational basis review. "`Even if the classification involved . . . is to some extent both underinclusive and overinclusive, and hence the line drawn by [the legislature] imperfect, it is nevertheless the rule that . . . perfection is by no means required."
Full post as published by Legal Ethics Forum on November 04, 2010 (boomark / email).
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