The following is a statement issued tonight by Attorney General Gurbir Grewal:

“It is my understanding that Marcellus Jackson has tendered his resignation to Commissioner Repollet of the New Jersey Department of Education (NJDOE). 

“Last week, I directed the Office of Public Integrity & Accountability (OPIA) to begin reviewing the circumstances of Mr. Jackson’s employment with NJDOE. In 2007, Mr. Jackson was convicted of a federal offense that involved his public office.  As a result, he is subject to N.J.S.A. 2C:51-2, the New Jersey law that requires his permanent disqualification from public office in New Jersey.

“Under N.J.S.A. 2C:51-2, the Attorney General or a County Prosecutor must make an application to the court seeking forfeiture of public employment when the underlying conviction involves a federal crime or a crime committed in another state. The statute does not allow for any discretion in such cases.  A forfeiture application was not made in Mr. Jackson’s case and, as a result, there was no order or other record in the State’s files indicating that he was precluded from public office in New Jersey. In the coming days, OPIA intends to seek an order that Mr. Jackson has forfeited his right to public employment in New Jersey.

“It is not clear why such an application was not made in 2007, shortly after Mr. Jackson’s conviction.  In the course of investigating this matter, OPIA also learned that there may be other individuals who are subject to N.J.S.A 2C:51-2, but for whom a forfeiture application was also never filed. OPIA is currently reviewing these cases and intends to file additional forfeiture applications, where appropriate, once that review is complete. In addition, OPIA will review why such applications were not made in Mr. Jackson’s case and in other cases, and will implement controls to ensure future compliance with the provisions of N.J.S.A. 2C:51-2.”