Search Rutgers Law Library N.J. Court Opinions

16 IN THE MATTER OF ADRIAN FIGUEROA, JR CAMDEN COUNTY DEPARTMENT OF PARKS -- rank: 783

... also sought forfeiture due to Figueroa's pending charge, per N.J.S.A. 2C:51-2.2 The following month, the County issued a Final Notice ... served with a Preliminary Notice of Disciplinary Action.' 2 Under N.J.S.A. 2C:51-2(a)(1) and (2), any 'person holding any public . . . position ... disorderly persons offense eliminated his potential forfeiture of employment under N.J.S.A. 2C:51-2(a)(1). 5 Our Supreme Court has held the phrase ...

docket:	a2686-20
court:	NJ Superior Court Appellate Division
decided:	2022-08-16
status:	Unpublished
citation:
Document Size:	38845

17 GERALD McCANN v. CLERK CITY OF JERSEY CITY, -- rank: 780

... of the appeal is the applicability of the Forfeiture Statute, N.J.S.A. 2C:51-2, and the somewhat parallel Faulkner Act forfeiture provision in See ... any office" in the forfeiture provisions of the Penal Code, N.J.S.A. 2C:51-2, did not apply to McCann at this time because the ... Mattera , 34 N.J. 259 , 266 (1961).     Subsection a. of N.J.S.A. 2C:51-2 applies to persons holding any type of public employment: if ... certif. denied , 101 N.J. 294 (1985), subsection a. of N.J.S.A. 2C:51-2 sets out this State's public policy that persons who ... Brien, then in the Law Division, stated in Musto that " N.J.S.A. 2C:51-2 only deals with public officers" and "requires forfeiture of a ... respect to forfeiture pass constitutional muster. We note initially that N.J.S.A. 2C:51-2(3) provides for forfeiture of office if "the Constitution ...

docket:	A3835-00
court:	NJ Superior Court Appellate Division
decided:	2001-04-03
status:	published
citation:	338 N.J. Super. 509
Document Size:	67437

18 STATE OF NEW JERSEY v. EMIL F. HANNA -- rank: 775

... barred from holding public employment in the future' pursuant to N.J.S.A. 2C:51-2 to -5. Our review of the judge's sentencing decision ...

docket:	a2098-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-25
status:	Unpublished
citation:
Document Size:	42458

19 STATE OF NEW JERSEY v. NICHOLAS MASCE -- rank: 775

... removal from office is a civil penalty expressly authorized by N.J.S.A. 2C:51-2.6 The two cases relied upon by the State in ...

docket:	a1967-16
court:	NJ Superior Court Appellate Division
decided:	2017-11-16
status:	published
citation:	452 N.J.Super. 347 174 A.3d 523
Document Size:	63802

20 J.A.W v. BOARD OF TRUSTEES, STATE POLICE RETIREMENT SYSTEM - -- rank: 751

... of employment, which indicated that it was entered 'pursuant to N.J.S.A. 2C:51-2.' Petitioner completed his PTI requirements, and the court dismissed his ... well-settled that a forfeiture of public employment pursuant to N.J.S.A. 2C:51- - 2 constitutes an 'involuntary termination' and/or 'removal for cause' for ... at 25. It reasoned that forfeiture of public employment under N.J.S.A. 2C:51-2 is a 'result 'otherwise provided by law' that is exempt ... and thus despite his consent to an order relying on N.J.S.A. 2C:51-2, that cited authority is inapplicable to his circumstance. We need ... in any event. We acknowledge that the forfeiture order referenced N.J.S.A. 2C:51-2. That statute requires forfeiture of a position such as one ... it was therefore improper for the Board to rely on N.J.S.A. 2C:51-2, and assumedly the forfeiture order that relied upon that ...

docket:	a1570-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-02
status:	Unpublished
citation:
Document Size:	37337

21 STATE OF NEW JERSEY v. JOHN P. WARNOCK -- rank: 749

... of forfeiture and permanent disqualification from public employment, pursuant to N.J.S.A. 2C:51-2(a)(2) and (d) (the forfeiture statute), and now appeals ... requires defendant's forfeiture of office and permanent disqualification under N.J.S.A. 2C:51-2 is a legal issue. Therefore, our review of the trial ... novo. State v. Hupka , 203 N.J. 222 , 231 (2010). N.J.S.A. 2C:51-2(a)(1) mandates forfeiture of office for any person holding ... not involve dishonesty, the forfeiture issue here is governed by N.J.S.A. 2C:51-2(a)(2), which provides in pertinent part: a. A person ... this State or any of its administrative or political subdivisions." N.J.S.A. 2C:51-2(d). 2 The controlling language, that the offense be one ... specific public office, position or employment held by the person. [ N.J.S.A. 2C:51-2(d).] Although the amendment did not remove all ambiguity ...

docket:	a1870-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-06
status:	unpublished
citation:
Document Size:	31606

22 STATE OF NEW JERSEY v. ASHTON FUNK -- rank: 730

... costs, and ordered to forfeit his public employment pursuant to N.J.S.A. 2C:51-2. Defendant now appeals from the judgment of conviction and order ... S FAILURE TO SEEK A WAIVER OF FORFEITURE PURSUANT TO N.J.S.A. 2C:51-2(E) WAS AN ABUSE OF DISCRETION, AS FACTUALLY CONFIRMED BY ... motion to waive the forfeiture of public employment pursuant to N.J.S.A. 2C:51- 2(e). After considering the prosecutor's statement of reasons for ... for shoplifting, which satisfied the 'offense of dishonesty' requirement of N.J.S.A. 2C:51-2(a)(1), the judge noted that although it was 'a ... for a Waiver of Forfeiture of Public Office Pursuant to N.J.S.A. 2C:51- 2(e) 9-10, available at http//www.state.nj.us ... further that while the conviction triggered the forfeiture provisions of N.J.S.A. 2C:51-2, the prosecutor abused her discretion in denying him a ...

docket:	a1963-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-08
status:	unpublished
citation:
Document Size:	68001

23 STATE OF NEW JERSEY VS ANDREW LAZARCHICK -- rank: 730

... N.J. at 162-63. V     Forfeiture of employment under N.J.S.A. 2C:51-2 was first mentioned by the private prosecutor of Cruz's ...

docket:	a3082-96
court:	njappellate
decided:	1998-09-03
status:	published
citation:	314 N.J.Super. 500
Document Size:	90309

24 IN THE MATTER OF SUZANNE HESS -- rank: 725

... 23, 2007, for forfeiture of Hess's employment, pursuant to N.J.S.A. 2C:51-2(a)(1). 3 Hess subsequently submitted a letter of resignation ... not appeal from the forfeiture from her public position since N.J.S.A. 2C:51-2 was explicitly provided for forfeiture based solely on a third ... S. Ct. 1487 , 84 L. Ed.2d 494 (1985). 3 N.J.S.A. 2C:51-2(a) provides, in pertinent part, that: A person holding any ... Legislature in N.J.S.A. 43:1-3). 5 N.J.S.A. 2C:51-2 provides that: a. A person holding any public office, position ...

docket:	a2408-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-30
status:	published
citation:	422 N.J. Super. 27 25 A.3d 1199
Document Size:	33482

25 STATE OF NEW JERSEY, Plaintiff, vs. WILLIAM S. OCH, JR. -- rank: 722

... October 15, 2002. The assistant prosecutor reiterated his belief that N.J.S.A. 2C:51-2 did not apply in this case because defendant had pleaded ... Lee , 258 N.J. Super. 313 , 317 (App. Div. 1992). N.J.S.A. 2C:51-2 codifies this policy. Ibid. Furthermore, entry of an order of ...

docket:	a5285-02
court:	njappellate
decided:	2004-07-21
status:	published
citation:	371 N.J. Super. 274
Document Size:	29960

26 State In the Interest of V.A. -- rank: 717

... upon a conviction for a disorderly persons offense pursuant to N.J.S.A. 2C:51-2(e). Ibid. (citing Flagg v. Essex Cnty. Prosecutor , 171 N ...

docket:	a-9-11
court:	NJ Supreme Court
decided:	2012-09-12
status:
citation:
Document Size:	128867

27 /usr/local/share/www/libweb/collections/courts/appellate/a0211-12a3356-13.opn.html -- rank: 715

... forfeited his position as a police officer, as mandated by N.J.S.A. 2C:51-2. 7 Ross used the term "six-pack" to describe a ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	112767

28 /usr/local/share/www/libweb/collections/courts/appellate/a3276-18.opn.html -- rank: 707

... defendant's public position as a corrections officer pursuant to N.J.S.A. 2C:51- 2(a)(2). This judgment would also permanently disqualify defendant from ... specific public office, position or employment held by the person. [ N.J.S.A. 2C:51-2(a) (emphasis added)] In Moore v. Youth Corr. Inst., 119 ... A-3276-18T4 14 forfeiture of public office pursuant to N.J.S.A. 2C:51-2(e) (Guidelines) changed Flagg Factor 6 and Factor 8. Specifically ... sought the forfeiture of defendant's public position pursuant to N.J.S.A. 2C:51-2(a)(2) because this offense was related directly to defendant ...

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court:
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Document Size:	29807

29 A-0STATE OF NEW JERSEY v. BRANDON T. MORRISON July 24, 2015 -- rank: 699

... and working for a private agency, held "public office" under N.J.S.A. 2C:51-2(c) based on his statutorily-granted regulatory duties), and State ...

docket:	a0170-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	68529

30 State v. William A. Case, Jr. -- rank: 699

... 2; that he forfeit his public employment as a firefighter, N.J.S.A. 2C:51-2; that he not possess a device with Internet capability unless ...

docket:	A-45-13
court:	NJ Supreme Court
decided:	2014-12-07
status:
citation:	220 N.J. 49 103 A.3d 237
Document Size:	93991