In State v. Musto, 187 N.J. Super. 264, 454 A.2d 449 (Law Div.1982) the defendant had been re-elected to the New Jersey State Senate and was later indicted and convicted in federal court on twenty-eight counts of conspiracy, racketeering, mail and wire fraud, extortion and income tax law violations. Musto sued to restrain the operation of the Forfeiture Statute and the Attorney General intervened to seek preclusion of Musto's assumption of the Office of Commissioner of Union City to which he had been subsequently elected. Id. at 270-272, 454 A.2d 449. Judge O'Brien, then in the Law Division, stated in Musto that "N.J.S.A. 2C:51-2 only deals with public officers" and "requires forfeiture of a current office" whether or not the offense involves or touches upon that office as long as the offense was one of dishonesty or a crime of the third degree. Id. at 312, 454 A.2d 449. He concluded that it was a "legitimate governmental objective to remove from public office someone convicted of a serious crime, on an offense involving dishonesty, even though it may be totally unrelated to his public office." Ibid. Furthermore, it was within the province of the Legislature to impose the added disability of future disqualification from public employment where the "person was convicted of an offense involving or touching upon his public office, position or employment. . . ." Ibid. Although the analysis suggested that the cited section applied only to those convicted while employed or in office, id. at 314, 454 A.2d 449, Judge O'Brien subsequently observed that the disqualification subsection "is a specific statute which applies only to persons convicted of an offense involving or touching on his public office, position or employment. . . ." Id. at 316, 454 A.2d 449.