Thomas S. Reilly and State of New Jersey, Ex Rel. Thomas S. Reilly, Plaintiffs-Appellants v. William E. Ozzard…

Summary

The Supreme Court of New Jersey affirmed the lower court, holding that the common law doctrine of incompatibility does not prohibit a State Senator from simultaneously serving as a township attorney because the doctrine is limited to conflicts of duties, not merely potential conflicts of interests, and the Constitution does not preempt judicial enforcement of such common law restrictions. Justice Jacobs and Justice Schettino dissented, arguing that the possibility of conflicts of interest makes the offices incompatible and that the judgment should be reversed.