Gerald McCann, Plaintiff-Appellant v. Clerk of the City of Jersey City, Defendant, and Louis Manzo…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that the criminal forfeiture statute N.J.S.A. 2C:51-2d does not permanently bar Gerald McCann from office, but that the Faulkner Act disqualification provision N.J.S.A. 40:69A-166 does bar him and is constitutionally valid. The Court applied rational‑basis review to the equal‑protection challenge. A concurrence in part/dissent in part and a partial concurrence/dissent were filed, each contesting the majority’s conclusions on one of the statutory issues.