New Jersey’s Criminal Code contains a section that authorizes a sentencing judge to permanently bar an individual from holding public office. This year the Supreme Court addressed a case involving that statute.

In that case, a Huntington County law enforcement agent was charged with a two count indictment involving a first and second degree sexual assault. The victim was intoxicated at the time of the assault and became pregnant as a result of the encounter. A plea agreement allowed defendant to plea to a fourth degree sex offense.  The sentence of the trial court barred defendant from ever seeking public office or employment.  The case was appealed.

In analyzing the issue, the Court returned to the text of the statute which says that in order for the statute to apply, the criminal conduct had to be "involving or touching on his public position or employment." The court then observed that the offense occurred while the defendant was off-duty on private property, as opposed to public property and involved a person the defendant knew. In addition, the court noted that defendant did not use his public position to influence the encounter.