Important New Case: Forfeiture of Public Office is a Judicial, Not Prosecutorial, Function
[12/09/09 – 10:41] This morning, the Appellate Division released a critically important new case dealing with forfeiture of public office captioned State v. Rone. In Rone, the Court rejected a waiver of forfeiture by the Essex County Prosecutor’s Office. In so holding, the Court noted that forfeiture is a judicial function and in order to be waived, the prosecutor must demonstrate good cause for the waiver. The decision on whether good cause has been demonstrated can be discerned by a judicial weighing of the 15 factors contained in the Attorney General’s forfeiture waiver guidelines that were promulgated following the Supreme Court’s decision in Flagg v. Essex County, 171 N.J. 561 (2002). This case will provide the analytical framework for all future forfeiture waiver cases in both municipal court and on appeal to the Law Division.
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