Current through Register Vol. 56, No. 18, September 16, 2024
(a) In any
circumstances described in (b) below, an attorney who intends to represent more
than one party in the same or a substantially related matter shall file a
petition for approval no later than 10 days after filing a pleading or entering
an appearance in the matter, whichever is earlier. The petitioner shall file
such petition with the Casino Control Commission (Commission), or with the
Clerk of the Office of Administrative Law (OAL) if the matter has been
transmitted to it, and one copy with the Division of Gaming Enforcement.
1. The Division may, within 10 days from the
date that the petition is filed, file a written response to the petition with
the Commission, or with the OAL, if the matter has been transmitted to
it.
(b) No attorney
shall represent the following parties respondent unless a petition pursuant to
(a) above is granted:
1. A casino licensee or
applicant and any person who at the time of the alleged violation was an
employee of said licensee or applicant;
2. A casino service industry enterprise
licensee or applicant and any person who at the time of the alleged violation
was employed by said licensee or applicant;
3. Two persons who at the time of the alleged
violation were employed by the same casino licensee or applicant where one such
employee had supervisory responsibility over the other employee; or
4. Two persons who at the time of the alleged
violation were employed by the same casino service industry enterprise licensee
or applicant where one such employee had supervisory responsibility over the
other employee.
(c) Any
petition filed pursuant to (a) above shall be in writing and shall include:
1. The nature of the petition and the reasons
therefore;
2. The name and docket
number of the matter involved;
3.
The name and address of the parties represented;
4. A concise statement of the nature of the
allegations raised in the complaint and the reasons why no conflict of interest
is presented;
5. The certification
of the attorney/petitioner detailing the basis of his or her belief that the
representation will not adversely affect his or her relationship with each
party respondent; and
6. The
certification of each respondent acknowledging full disclosure of the potential
conflict of interest and consenting to his or her representation by the
attorney/petitioner.
(d)
Upon receipt of a petition pursuant to (a) and (c) above:
1. If the matter will be heard by the
Commission, the matter shall be forwarded to the chair or to such other
Commission member as the chair may designate. Thereafter, with the advice and
recommendation of the General Counsel of the Commission, the petition shall be
evaluated on the papers submitted and in conformity with the Rules of
Professional Conduct governing conflict of interest, R.P.C. 1.7 through 1.10,
and any applicable statutory provisions, judicial decisions, rules of court, or
determinations of the Supreme Court's Advisory Committee on Professional Ethics
or other appropriate authority.
2.
If the matter has been transmitted to the OAL for hearing, the petition shall
be forwarded to the Office of Administrative Law for determination by an
administrative law judge.
(e) All interested parties shall be advised
of the decision of the judge, either orally or in writing no later than 15 days
from the date that the petition is filed. If the decision is communicated
orally, it shall be reduced to writing and mailed to the petitioner within five
days.
(f) Any time limitations
imposed by (a) and (e) above may be extended by the judge for good cause, upon
notice to all parties.
(g) Any
party may appeal from the determination of the chair or the chair's designee to
the full Commission upon written notice filed within five days. If the petition
is determined by an administrative law judge, appeal shall be to the Director
of the Office of Administrative Law pursuant to
1:1-14.1 0.
