Former Palm Beach State Attorney Dave Aronberg will not violate ethics laws if, as a private attorney, he defends clients being prosecuted by his former office, Florida Ethics Commission staff have concluded.

At issue is whether a state attorney qualifies as a public “employee,” something the commission will decide for the first time when it weighs a proposed advisory opinion at a December 5 meeting.

“A former State Attorney will not be in violation of Section 112.313(9), Florida Statutes, if he or his firm represents defendants in criminal cases being prosecuted by his former State Attorney’s Office,” the proposed opinion states.

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