Search Rutgers Law Library N.J. Court Opinions

1 In the Matter of the Expungement Petition of D.H. -- rank: 1000

... 1 to 32, and the forfeiture of public employment statute, N.J.S.A. 2C:51-2, can be harmonized so that an order of expungement need ... employment. The order of forfeiture provided that “pursuant to N.J.S.A. 2C:51-2, [D.H.] shall forfeit her public employment and shall be ... editing marks omitted). It further concluded that “[a]lthough N.J.S.A. 2C:51-2(d) and the forfeiture order at issue both state that ... public office, position or employment held by the person[,]” N.J.S.A. 2C:51-2(d) – the result is both mandatory and bleak. That ... public office, the obligatory forfeiture of public employment provisions of N.J.S.A. 2C:51-2(d) are triggered. That, on its face, is a result ... State or any of its administrative or political subdivisions.” N.J.S.A. 2C:51-2(d). Several years later, the former public official sought ...

docket:	a-82-09
court:	New Jersey Supreme Court
decided:	2010-10-27
status:
citation:	204 N.J. 7 6 A.3d 421
Document Size:	103187

2 STATE OF NEW JERSEY v. NEIL RACITI -- rank: 936

... of defendant's position as a sheriff's officer, see N.J.S.A. 2C:51- 2(a)(2), and (2) permanently bar defendant from holding any ... the State or in its administrative or political subdivisions, see N.J.S.A. 2C:51-2 6 A-3070-17T1 (d). In an oral decision issued ... erred by relying on the Hupka Court's interpretation of N.J.S.A. 2C:51-2. The trial court rejected the State's argument and denied ... B., 333 N.J. Super. 236, 241 (App. Div. 2000)). N.J.S.A. 2C:51-2(a)(2) states in relevant part: a. A person holding ... office, position or employment held by the person. [(Emphasis added).] N.J.S.A. 2C:51-2(d) provides: In addition to the punishment prescribed for the ... the person. [(Emphasis added).] Thus, pursuant to the forfeiture statute, N.J.S.A. 2C:51-2(a)(2), an employee convicted of a criminal offense ...

docket:	a3070-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-19
status:	Unpublished
citation:
Document Size:	32665

3 MARY HORNE v. JASI MIKAE EDWARDS -- rank: 923

... § 1515, and therefore did not render Edwards ineligible under N.J.S.A. 2C:51-2. Accordingly, the A-2619-22 7 court dismissed the petition ... 2. Turning to the arguments concerning Edwards' eligibility, we note N.J.S.A. 2C:51-2(a) provides: A person holding any public office, position, or ... office, position or employment; or (3) The Constitution so provides. N.J.S.A. 2C:51-2(b) provides that a court should enter an order of ... applicati on of the county prosecutor or the Attorney General. N.J.S.A. 2C:51-2(e). N.J.S.A. 2C:51-2(d) provides: any person convicted of an offense involving or ... should be required to forfeit her public employment pursuant to N.J.S.A. 2C:51-2(a). Moreover, they believe the court should have ordered ...

docket:	a2619-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-05
status:	Published
citation:
Document Size:	49616

4 State of New Jersey v. Jeremiah Hupka -- rank: 915

... statutory forfeiture and permanent disqualification from public employment pursuant to N.J.S.A . 2C:51-2 (the "statute"). Hupka would not agree to statutory forfeiture and ... not compel his forfeiture of office and permanent disqualification under N.J.S.A . 2C:51-2. 1. Pursuant to the statute, a New Jersey public employee ... for an offense involving or touching public office pursuant to N.J.S.A . 2C:51-2 (a) and (d) must examine the relationship between the exact ... defendant that his conviction for fourth-degree criminal sexual contact, N.J.S.A. 2C:51-2. I. Defendant was employed as a Hunterdon County sheriff's ... defendant with first-degree aggravated sexual assault in violation of N.J.S.A. 2C:51-2 (the forfeiture statute), due to defendant's status as a ... plea. Rather, the parties agreed to have the applicability of N.J.S.A. 2C:51-2 resolved by the court. In his plea allocution, defendant ...

docket:	a-36-09
court:	supreme
decided:	2010-08-03
status:
citation:
Document Size:	116124

5 Gerald McCann v. Clerk of the City of Jersey City and Louis Manzo -- rank: 873

... is barred by the forfeiture statute in the Criminal Code, N.J.S.A. 2C:51-2. That statute provides in relevant part: ��������a. A person holding ... this State or any of its administrative or political subdivisions. ������������[ N.J.S.A. 2C:51-2 (emphasis added).] As noted, McCann was ordered in 1992 to ... must do so �solely through the mayor or his designee.� N.J.S.A. 2C:51-2 in its present form, would indeed be peculiar. A State ... the New Jersey Code of Criminal Justice's disqualification provision, N.J.S.A. 2C:51-2. According to the trial court that disability is reserved for ... legislative intent underlying N.J.S.A. 2C:51-2d. N.J.S.A. 2C:51-2. There is nothing in the language of the statute to ... Constitution or a statute other than the code so provides. [ N.J.S.A. 2C:51-2.] ����More importantly, subdivision 2(d) provides for perpetual disqualification ...

docket:	a-92-00_1
court:
decided:	2001-06-01
status:
citation:	167 N.J. 311
Document Size:	87543

6 In re Petition for Expungement of the Criminal Record Belonging to T.O. -- rank: 862

... is not a basis for disqualification under the law. See N.J.S.A. 2C:51-2(d); Brezizecki, 246 N.J. Super. at 643 (discussing N.J.S.A. 2C:51-2(c) (1990)). Because a pardon removes the legal disabilities attendant ...

docket:	a-55-19
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	63348

7 James Flagg v. Essex County Prosecutor -- rank: 854

... seek a waiver of forfeiture of public employment pursuant to N.J.S.A. 2C:51-2 based on a conviction for a disorderly or petty disorderly ... to request a waiver of the job forfeiture mandate of N.J.S.A . 2C:51-2 or to explain his reasons for not seeking a waiver ... to written guidelines to assist in decision-making. ���� 1. Whereas N.J.S.A. 2C:51-2 provides a somewhat draconian measure requiring the forfeiture of employment ... adopted such a standard. The forfeiture and disqualification requirements of N.J.S.A. 2C:51-2 are non-penal consequences of certain convictions. N.J.S ... to request a waiver of the job forfeiture mandate of N.J.S.A. 2C:51-2 or to explain his reasons for not seeking a waiver ... seek a waiver of the mandatory job forfeiture provision of N.J.S.A. 2C:51-2. Teare testified that the Acting Prosecutor found the following ...

docket:	a-85-00
court:	njsupreme
decided:	2002-02-11
status:
citation:	171 N.J. 561
Document Size:	50384

8 JOSEPH VAS VS. JOSEPH J. ROBERTS, JR. -- rank: 849

... Addressing the constitutionality of the forfeiture of public office statute, N.J.S.A. 2C:51-2, the court in Musto , supra , considered the Attorney General's ... any session unless excused from attendance," and forfeited pursuant to N.J.S.A. 2C:51-2. Id. at 315. Errichetti challenged the constitutionality of these statutes ... J.S.A. 19:3-25 or forfeited pursuant to N.J.S.A. 2C:51-2 he is entitled to judgment." Id. at 315. Thus, absent ...

docket:	A0399-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-04
status:	published
citation:	418 N.J. Super. 509 14 A.3d 766
Document Size:	66173

9 STATE OF NEW JERSEY v. BRIAN RICE -- rank: 844

... employees convicted of crimes and amended the forfeiture provisions of N.J.S.A. 2C:51-2. See L. 2007, c. 49, § 1 to § 10 ...

docket:	a3777-09
court:	NJ Superior Court Appellate Division
decided:	2012-04-16
status:	published
citation:	425 N.J. Super. 375 41 A.3d 764
Document Size:	80578

10 STATE OF NEW JERSEY v. SARAH E. BLESSING -- rank: 844

... e] or touch[] on [her] public office," as required by N.J.S.A. 2C:51-2(d). We therefore remand for resentencing, at which time the ... not touch upon her public office, and forfeiture pursuant to N.J.S.A. 2C:51-2(d) was not required. The judge rejected defendant's request ... the following claim: I. THE TRIAL COURT ERRED IN APPLYING N.J.S.A. 2C:51-2(d), WHICH MANDATES THE PERMANENT FORFEITURE OF PUBLIC EMPLOYMENT, BECAUSE ... at a public school. She maintains that the requirements of N.J.S.A. 2C:51-2(d) were not satisfied, as the offense did not touch ... us to uphold the order of forfeiture entered pursuant to N.J.S.A. 2C:51-2(d), arguing that there was a "direct relationship between defendant ... App. Div. 2009), certif. denied , 202 N.J. 346 (2010). N.J.S.A. 2C:51-2 has two subsections that bear upon this appeal. The ...

docket:	a1306-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-04
status:	unpublished
citation:
Document Size:	30609

11 STATE OF NEW JERSEY v. JEROME KENNEDY -- rank: 839

... which requires the forfeiture of public office or employment under N.J.S.A. 2C:51-2(a)(1). Defendant was indicted for possession of heroin, in ... offense involving dishonesty" that requires forfeiture of public employment under N.J.S.A. 2C:51-2(a)(1). I. The Code of Criminal Justice confers a ... prosecutor or one of the other public officials listed in N.J.S.A. 2C:51-2(g). See id. at 243-44. And although the Code ... an offense involving or touching such office, position or employment," N.J.S.A. 2C:51-2(a)(2), or for "an offense involving dishonesty or of a crime of the third degree or above," N.J.S.A. 2C:51-2(a)(1). It is undisputed that defendant's offense did ... touch[]" his employment and thus did not require forfeiture under N.J.S.A. 2C:51-2(a)(2). Moreover, tampering with physical evidence is an ...

docket:	a5677-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-02
status:	published
citation:	419 N.J. Super. 475 17 A.3d 293
Document Size:	20353

12 CARMELLA J. HOOD v. KEVIN RYAN -- rank: 833

... the express language of the Codey Bill, the Forfeiture Law [ N.J.S.A. 2C:51-2], and existing case law decided there under, and ignores virtually ...

docket:	A2859-06
court:	NJ Superior Court Appellate Division
decided:	2008-04-24
status:	unpublished
citation:
Document Size:	84378

13 STATE OF NEW JERSEY v. ORLANDO TRINIDAD -- rank: 825

... imprisonment. N.J.S.A. 2C:43-6.5. Moreover, N.J.S.A. 2C:51-2(a)(2) provides that [a] person holding any public office ...

docket:	a3029-15
court:	NJ Superior Court Appellate Division
decided:	2018-09-17
status:	Unpublished
citation:
Document Size:	93117

14 STATE OF NEW JERSEY v. JAMES A. STUART -- rank: 807

... that persons convicted of certain crimes must forfeit public employment. N.J.S.A. 2C:51-2(a). Specifically, that statute provides that any person holding public ... New J ersey or a political subdivision of the State. N.J.S.A. 2C:51-2(d). In that regard, subsection (d) of the forfeiture statute ... offense, and the forfeiture set forth in subsection [(a)] of N.J.S.A. 2C:51-2, any person convicted of an offense involving or touching his ... reject that argument as inconsistent with the plain language of N.J.S.A. 2C:51-2(a)(1). Defendant was convicted of a second-degree offense ... Deptford police officer. In making his argument, defendant focused on N.J.S.A. 2C:51-2(a)(2), which requires forfeiture if his conviction involved or ... remand for clarification whether the order covers future employment under N.J.S.A. 2C:51-2(d). The order entered, A-1627-18T4 16 which ...

docket:	a1627-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-02
status:	Unpublished
citation:
Document Size:	37667

15 STATE OF NEW JERSEY v. DAVID T. POMIANEK, JR -- rank: 796

... public employment and disqualifying him from holding public office. See N.J.S.A. 2C:51-2(a)(2), -2(b). Because we conclude that the county ... of defendant's conviction for second-degree misconduct in office. N.J.S.A. 2C:51-2(a)(1). Forfeiture was also a mandated consequence of the ... they were found to touch upon defendant's public office, N.J.S.A. 2C:51-2(a)(2), but as to those convictions only, the prosecutor ... had discretion to request a waiver of the forfeiture. See N.J.S.A. 2C:51-2(e). However, at the time the January 2011 order was ... 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 ... s "offense" involved or touched upon his public employment. See N.J.S.A. 2C:51-2(a)(2) (requiring forfeiture of employment when a public ...

docket:	a4302-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	27987