Public Office Disqualification? Not For All Convictions

Yesterday the Appellate Division of the Superior Court of N.J. decided State v. Hupka, which decision can be found here, and reversed the Trial Court decision to forfeit a former officer's right to future public office by virtue of his fourth-degree sexual contact conviction, for conduct occurring off-duty. Essentially the Court held (no pun intended) that the offense did not "touch upon" Hupka's public office. This is notwithstanding he apparently attacked a sleeping woman, obviously inconsistent with his sworn duty. There was a vigorous dissent, which urged upholding the forfeiture of public employment.

In light of the split, there will no doubt be an appeal to the Supreme Court of N.J.