Superior Court Judge Mary Jacobson can issue an order to show cause, which would give the mayor a certain amount of time set by Jacobson to respond and attempt to keep his office.
TRENTON - With no resignation letter received from convicted Mayor Tony Mack, the fight to remove him from office will head into the courts as part of a judicial process that may take days or weeks, officials said today.
Late this morning, the state Attorney General's Office was waiting for a copy of the verdict form signed by the federal jury that convicted Mack on six counts of corruption offenses late Friday afternoon. With that form in hand, deputy attorneys general can submit a completed order of forfeiture to Superior Court Judge Mary Jacobson, said Pete Aseltine, a spokesman for the attorney general's office.
"We'll be filing papers today," he said.
The paperwork will not be limited to a bid to kick Mack out of office.
"We're seeking forfeiture of public office, permanent disqualification from public office, as well as forfeiture of any pension or retirement benefits," Aseltine said.
Once the order is filed, Jacobson will probably issue an order to show cause, which would enable the mayor to file a response. The time frame given to Mack to complete that response is at the judge's discretion.
If Mack wants to fight the attempt to remove him, he needs to let the court know, and Jacobson could schedule a hearing date.
"It normally takes several weeks, a number of weeks," Aseltine said.
"We're hoping the process will be expedited in this case," he added.
Mack's federal conviction means he is in violation of state law, but U.S. District Judge Michael A. Shipp will not strip Mack of his office until sentencing, which is scheduled for May 14.
"He's not removed until he's issued an order making him forfeit his office," Aseltine said. "So he remains in office."
It's up to Jacobson or another Superior Court judge to formally find Mack in violation of state law and remove him as mayor. His removal will be retroactive to the day of his conviction, meaning any executive moves can be immediately reversed by his successor.
South Ward Councilman and Council President George Muschal is waiting in the wings to take over as acting mayor. Mack was not seen at City Hall today and has made no comment since his conviction.
Mack was found guilty of soliciting bribes from parking garage developers who were actually FBI informants. His younger brother Ralphiel was also convicted of three extortion and bribery counts, but found innocent of three mail and wire fraud counts.
Mayor Mack was elected in 2010. His term on office expires July 1.
"We're filing these papers right away, today, because we believe, based on the verdict, he should be removed from office," Aseltine said.
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