Kim Baldwin Must Be Removed From AC Government Position Immediately For Conflicts of Interest!
By taking a position adverse to her client (The City of Atlantic City),    Baldwin has disqualified herself.
By Don P. Hurley
Managing Editor
September 24, 2007
Rules of Professional Conduct for NJ Lawyers:
 "A Lawyer employed by a "Public Entity" SHALL NOT undertake an action which presents a "Substantial Risk" that the lawyers responsibilities to the public entity would limit the lawyers ability to provide "Independent Advice or Diligent and Competent" representation to the public entity.
Kim Baldwin has proven the long time adage, "that the lawyer who represents herself, has a fool for a client".
Baldwin has placed the City of Atlantic City on notice by filing a Tort Claim Notice as her own lawyer, while advising that she intends to sue the city that she, (before this notice), was serving as their lawyer.
Baldwin even went a step further than individuals normally do, by declaring publicly in The Press that "the only thing I can tell you is that the suit is going to be filed".
This is particularly of interest as, a Tort Claim Notice is not a law suit, but merely an advisory that a law suit may be filed in the future.
It should also be noted that a law suit can not be filed until 6 months after filing a Tort Claim Notice.
 And  you may recall Baldwin saying on countless times in the past that "most Tort Claims never result in a law suit".
But, somehow Baldwin knows the future, six months in advance, that her own law suit has already been guaranteed, and has promised that it is going to be filed.
Kim Baldwin created a position for herself during the campaign for Mayor of Atlantic City, where it has been previously publicly acknowledged that Bob Levy and Baldwin had a deal during the campaign that Baldwin would receive a job as City Solicitor or the Director of the Department of Law, which did not even exist at the time.
It has  been publicly stated that Baldwin was also promised a considerable increase in pay from any other attorney who has ever been employed in a similar position.
This salary increase was affected by Levy and Baldwin in the form of a "Merit Increase" of $44,000.00 per year, in spite of the fact that the city of Atlantic City is only permitted to remunerate a "Merit Increase", in an amount not to exceed $1000.00 in any one year.
It is truly noteworthy that Baldwin received this reward from Bob Levy in the form of a Merit Increase, retroactive to January 1, 2006, even though she had not worked a single day at that point.
How does someone earn "Merit" pay, before they've even been on the job?
This whole political conspiracy also completely flies in the face of the Citizens Petition and successful referendum that has effectively frozen all salaries at the rate they were before these public officials raised them an additional $44,000.00.
It is important to note that it is not permitted in the State of New Jersey to promise anything of value during a political campaign. Although, at this time I believe that the premise will be fodder for another day.
Back to the Conflict of Interest and Kimberly Baldwin, Esq.
I am urging City Council and the NJ Bar Association to take note of this egregious conflict and conduct by Baldwin.
Baldwin can not take a position adverse to her client, (the citizens of Atlantic City), and than also serve in a legal position of representation for the same client all at the time.
By filing this Tort Claim Notice and publicly declaring that she is suing the city, Baldwin has permanently disqualified herself from ever representing the people of Atlantic City ever again.
 Baldwin needs to be removed from this public position of conflict immediately.
Baldwin claims that she is the victim of retaliation by certain members of the government in Atlantic City.
I have to wonder if this is similar the retaliation that she reportedly inflicted upon AC Councilman George Tibbett , whom Baldwin reportedly retaliated against in writing, one day after Councilman Tibbett signed the petition to recall Baldwin's boss and meal ticket, Bob Levy, from the Office of Mayor of Atlantic City?
Is this the kind of retaliation that Baldwin is speaking of; the kind where you misrepresent facts in Superior Court, and attempt to block a lawful citizens petition, designed to roll back an unjust salary such as Baldwin's?
The Rules of Professional Conduct requires Kim Baldwin while working as a lawyer in the State of New Jersey to among other things:
(1)  be fair to opposing parties and counsel;
(2) to be truthful in statements, and to others;
(3) To disclose material facts to a third person when a disclosure is right or necessary, (as Baldwin DID NOT DO when she intentionally failed to transmit Judge Armstrong's Order to City Clerk Rosemary Adams and the County Clerk to place the citizens Salary Question on the ballot in order to further intentionally obstruct the citizens of Atlantic City) and;
(4)  To never undertake actions which present a "substantial risk" that would limit the lawyers ability to provide "independent advise or diligent and competent representation"or;
(5) State or imply an ability to influence improperly a government agency or official, or to achieve results that violate the Rules of Professional Conduct or other law.
I applaud the members of Atlantic City Council who wisely voted last Wednesday to abolish the Department of Law that Baldwin had been previously operating in the form of a political cabal from within the offices of Atlantic City government.
I also do not believe that Kim Baldwin has ever been confirmed by City Council in the position of City Solicitor, so with the elimination of The Department of Law, from what position is Kim Baldwin conducting legal business on behalf of the people of Atlantic City presently?
This should be specifically scrutinized in order to protect the people of Atlantic City from future liability from Baldwin, as there may be no legitimacy to any actions that she may attempt to take from here on.
In view of this previously stated information, it is my opinion that Kimberly Baldwin, Esq. must be immediately removed from any position of legal representation in Atlantic City government, as her own adverse action against her client disqualifies her from representing the people of Atlantic City ever again.
I believe that the conflict is so egregious that even if Baldwin were to drop the action that she has filed and the further threatened actions; the adverse position she has taken against the people of Atlantic City permanently disqualifies her from ever representing them again.
Baldwin is certainly free to pursue what I believe to be a frivolous legal action on  her own time and at her personal expense.
However, she should not be allowed to continue to serve two masters any longer.
In my further opinion, Kim Baldwin may have a fool for a client. Herself.
But, it is critical that she can not be permitted to make additional and undeserving fools of the people of Atlantic City any longer.
Don P. Hurley