Conflicts of Interest:Advocates &

Government Officials Kathleen Clark

District of Arizona Annual Conference Tucson

March 10, 2017

Standardsfor

Lawyers

ABAModel

Rule1.7

(a)

L shall not represent C if there is significant risk that

the representation will be materially limited

by a personal interest of L

(b)

Notwithstanding (a),L may represent C if

reasonably believes can providecompetent & diligent rep

&C provides informed consent

Material limitationcompetent & diligent rep

Informed consent

Standards for

Executive Branch Officials

FinancialConflicts of Interest

18 USC § 207(a)

officer or employee of

executive branch

[ Not contractors ]

can not

participate in a particular matter

proceeding, application,

contract, claim,

controversy, charge,

accusation,

in which he has a financial interest

Should this financial conflict statute

apply to the President

?

1863

FalseClaims

Act

no exceptionfor

President

1962

President Kennedy

proposalexempted

Pres. & Veep

Congressrejected

thatexemption

1989

PresidentGeorge H.W. Bush

broad set of

reforms

exemptedPres. & Veep

adoptedwithout

discussion

ImpartialityMandate

5 CFR 2635.502

particular matters with

specific parties

not participate if . . .

likely to affect financial interest

of household member

or . . .

has a “covered relationship”

with person whois or represents

a party

“covered relationship”

household member;relative w/ close personal relp;

financial relp other than routine consumer transaction

DOJ reg:personal recusal

28 CFR 45.2(a)

Not participate ininvestigation

orprosecution

if . . .

personalor

political relationship

“Political relationship”service as a principal

adviser tocandidate, party, or

campaign organization

personalconflict

of interest

institutionalconflict

of interest

28 CFR 600.1

AG will appoint

Special Counselif . . .

US Atty’s Officeor

litigating divisionhas a

conflict of interest

How can a US Atty’s Office

orlitigating division

have aconflict of interest

?

1999

demise ofIndependent Counsel

statute

President, VeepCabinet member

Asst AG, high-level DOJ staffhigh-level White House staffpresidential campaign officer

Does DOJ

have aninstitutional

conflict of interest?

Conflicts of Interest:Advocates &

Government Officials Kathleen Clark

District of Arizona Annual Conference Tucson

March 10, 2017