Court: Guilty Plea Doesn't Disqualify NJ Officer

TRENTON, N.J. (AP) - A former law enforcement officer cannot be barred from holding public office in New Jersey despite pleading guilty to a sex crime, a divided appellate court has ruled.

Jeremiah Hupka, a Hunterdon County sheriff's officer and a part-time police officer in Frenchtown, lost those jobs after pleading guilty in 2008 to fourth-degree criminal sexual contact.

Hupka admitted touching a woman without her consent in her home, and a judge barred him from holding any public office, saying Hupka's actions "were at direct odds" with his law enforcement duties.

But in a 2-1 ruling issued Friday, the appellate court found that since Hupka was off-duty when the incident occurred, the crime "did not directly relate" to his duties as an officer.

Hunterdon County authorities will appeal the ruling to the New Jersey Supreme Court.