Bryant, James skip Senate session

TRENTON - Two New Jersey legislators facing federal corruption charges skipped yesterday's Senate session, which saw state lawmakers return from a months-long recess before their terms expire in January.

Yesterday's session was largely ceremonial, and 11 other senators also skipped it.

Veteran Democratic Sens. Wayne Bryant of Camden County and Sharpe James, the former Newark mayor, refused to resign after being indicted this year. Both continue to enjoy the privileges and perks of being a state senator while professing their innocence and preparing for trial.

Bryant, a lawmaker since 1982, is accused of exchanging political favors for a no-show university job; James is accused of allowing friends to buy city-owned land at cut-rate prices and using a city credit card for personal expenses.

"Why would it be a problem?" Senate President Richard J. Codey responded when asked whether Bryant's and James' return to the Senate floor would be a distraction.

Though they skipped the session, Bryant and James were expected to attend future lame-duck sessions - which may include voting on proposed laws - between now and Jan. 8, when a new Legislature is sworn in.

"These people were elected to fill a term and have been convicted of no offenses. That's the law. They'll be leaving soon," Codey said.

Not soon enough for some.

A bill sponsored by Monmouth County Republican Amy Handlin in the Assembly would require the suspension of any public official indicted for corruption. And state Democratic Party chairman Joe Cryan has publicly called on Bryant and James to resign.

"I have asked them both to step down," Cryan said. "Some people disagree with me and think they are innocent till proven guilty. At the end of the day, they both make up their own minds."

After U.S. Attorney Christopher Christie announced the multi-count indictments, there was a brief public discussion about James and Bryant remaining in the Legislature.

It grew more heated after two of the senators' legislative colleagues - Democratic Assemblymen Mims Hackett and Alfred Steele - were pressured to resign from the Assembly within a week of their arrests on federal bribe-taking charges. Hackett has pleaded not guilty; Steele pleaded guilty.

Why did top Democrats act so quickly to force the two assemblymen out while allowing the two indicted senators to stay on and vote on judicial appointments and fiscal matters?

"The difference was clear," Codey said. "Those two gentlemen [Hackett and Steele] were running for reelection and the other two weren't."

"A decision to resign from the Legislature is voluntary," he added.

While some have suggested that Bryant's and James' lawyers would strongly advise them not to step down before trial, former U.S. Attorney Robert Mintz said that quitting public office would not necessarily hurt their chances of being found not guilty.

"The consideration as to whether to remain in your elected position is really unrelated to the pending criminal charges," said Mintz, who heads the government investigation and white-collar crime unit at McCarter & English in Newark.

"Elected officials faced with this situation have taken different approaches under different circumstances," Mintz said. "Some have chosen to remain in office and deal with the charges, others have decided to resign without any admission of wrongdoing. I don't think a resignation itself is construed as an admission of guilt. It is more of a political question than a legal one."

Lawyers for Bryant and James did not return messages seeking comment.