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2003
Media Releases:
CAMDEN COUNTY PROSECUTOR'S OFFICE
VINCENT P. SARUBBI, CAMDEN COUNTY PROSECUTOR
MEDIA INFORMATION
January 27, 2003
Camden County Prosecutor Vincent P. Sarubbi expressed satisfaction
with a New Jersey Supreme Court decision issued today stating that
a Camden County law firm cannot represent a defendant accused of fatally
shooting another of the firm's clients because it would constitute
a conflict of interest.
The issue arose from the case of State of New Jersey in the Interest
of S.G., in which the defendant, then 17 years old, is charged with
shooting Theodore Hilton, M/31, in Camden, N.J. on Aug. 1, 2001. The
victim died seven days later at Cooper Medical Center in Camden. The
defendant's name was withheld because he was a juvenile at the time
he was charged.
Sarubbi's office moved to disqualify a member of the law firm of Sufrin
Zucker Steinberg & Wixted from representing S.G. In its motion, the
Camden County Prosecutor's Office cited the Rules of Professional
Conduct for New Jersey attorneys, which state that a lawyer may not
represent a client if it would be directly adverse to another client.
The rules also state that the conflict is imputed to all members of
a law firm if any one would be disqualified.
In personally arguing the state's position before the state Supreme
Court on Nov. 6, 2002, Sarubbi contended the Sufrin firm's representation
of S.G. presented a conflict because another member of the firm actively
represented Hilton on a pending narcotics charge at the time of his
death.
Today, in a unanimous opinion, the state Supreme Court ruled that
a conflict does exist and disqualified the Sufrin firm from the case,
reversing the majority opinion of an Appellate Division panel.
"We felt strongly that this was a conflict," Sarubbi said. "This matter
involves basic principles of defendants' and victims' rights, both
of which need to be protected. It was necessary to pursue this matter
so that, whatever the outcome of the case, the judicial process is
fair to everyone involved."
Sarubbi credited the members of the Appeals Unit within the Prosecutor's
Office for their efforts on the case. He thanked Assistant Prosecutors
Nevan Soumilas and Jack Weinberg, Section Chief of the Appeals Unit,
who prepared the legal brief presented to the Supreme Court.
Writing for the Court, Justice Jaynee LaVecchia stated, "The pointedly
direct and adverse position inherent in defending Hilton's accused
killer is exactly the sort of conflict that the professional rules
of conduct ought not and do not permit."
The Court noted that the Sufrin firm's representation of Hilton was
not terminated until the charges against Hilton were dismissed three
weeks after his death - more than two weeks after the firm began representing
S.G.
Justice LaVecchia wrote, "Here, the Sufrin firm's dual representation
of clients with patently adverse interests caused a conflict of interest
that was direct and actual."
Said Sarubbi, "We are extremely pleased that the Supreme Court justices
unanimously agreed with our position on this important matter."
All persons charged with criminal offenses are presumed innocent unless
and until proven guilty in a court of law.
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