CRIMINAL LAW IN BERGEN AND PASSAIC COUNTIES: FORFEITURE OF PUBLIC OFFICE AS A RESULT OF A CRIMINAL CONVICTION

The Appellate Division has recently reviewed the application of that statute in a case where a police officer pled guilty to a 4th degree sexual contact offense. The event involved a nineteen year old victim, who the police officer claimed was his girlfriend. The trial court ruled that the defendant's conduct was at complete odds with his responsibility as a police officer and granted the government's application to permanently forfeit all future public employment. The police officer appealed. The appellate court reversed the trial court's decision. The court concluded that the police officer's illicit conduct was not specific to his public office. It bolstered its decision by noting that public office forfeiture was a harsh penalty and therefore, the statute should be narrowly applied.

Notably, a dissent was filed in the case before the Appellate Division. As a result, it may find its away before the New Jersey Supreme Court before to long.