Newark Screwed By Sharpe James No Matter What

I also wrote about last week in relation to Sharpe James (D-Newark) and a 33-count indictment for fraud, graft, and corruption (25 counts for James personally, with an associate, Tamika Riley, indicted on the remaining counts. James' political affiliation was buried by quite a few media reports, and I further wrote that media outlets should be able to report such a basic fact. Don Surber is also on board with that idea.

Well, as the Sharpe James investigation and ligition moves forward, here's something else to keep in mind. What happens if the prosecutors lose?

When former Newark Mayor Kenneth Gibson was acquitted of corruption charges in the 1980s, he walked out of court a free man.

Then he stuck the city with a hefty bill for his defense lawyer.

His bill, along with that of former City Council President Earl Harris, who was also tried for corruption, cost the city more than $1 million, thanks to a city ordinance that covers legal fees for officials if they are acquitted of criminal charges or if the case is dismissed.

Now, nearly two decades later, the city could find itself in a similar situation if former Mayor Sharpe James beats federal charges that he dipped into public money to pay for lavish vacations and steered lucrative land deals to a companion, Tamika Riley. Authorities say James spent $58,000 on city-issued credit cards for luxury meals, trips and movie tickets.

James, a state senator representing Newark and mayor for two decades, was indicted on 25 counts last week. Over the weekend, Assemblyman Joseph Cryan (D-Union), also the state Democratic chairman, called for James' resignation from the Senate. Cryan made his comments in a television appearance and did not return a call seeking comment yesterday.

So far, James has not asked the city to pay any fees for his attorney, Raymond M. Brown. Brown did not return a call for comment yesterday.

"We have not received a request from the attorneys of Sharpe James and until that time, it would be irresponsible to speculate or comment," said Lupe Todd, a spokeswoman for Mayor Cory Booker.

Reimbursing the legal costs of current and former officials who are sued or charged with crimes while performing their official duties is standard in the state, said William Dressel, executive director of the New Jersey League of Municipalities.

"We live in a litigious society and there's court cases brought against local officials for just about everything -- some valid, some non-valid," he said. "You can be on a planning board and sued personally for things that you did on behalf of your municipality."

But in most cases, Dressel said, municipalities will not pay the legal fees if an official is convicted. Such is the case in Newark, which has ridden through a carousel of corruption trials over time.

It's one thing to indemnify public officials from civil lawsuits, but criminal investigations are another matter. But, this is New Jersey, so this is to be expected.

James could get reimbursed by the City of Newark for his legal costs (note in this article that James’ political affiliation is not mentioned).

Taxpayers in Newark get screwed if James wins his suit, and they find out that they were screwed if the prosecutors obtain a conviction. Funny how that happens. Either way, Newark gets screwed.

Still, there is another source of money that James could draw upon to pay for his defense: his campaign funds and state pension:

But according to public records, James still has a well of assets to draw from. He has $629,000 left in his retirement fund at Essex County College and draws an annual pension of $124,654 from the city of Newark.

He also has $1.2 million remaining in his mayoral election fund and another $39,961 in his Senate fund.

Fred Herrmann, executive director of the state Election Law Enforcement Commission, said there are no rules prohibiting James from using that money to pay his legal bills. ELEC allows candidates to use money for lawyers if they are challenged in a recount or a case such as a defamation suit that occurs during the campaign.

New Jersey and corruption. Perfect together.

UPDATE:
Others commenting on the James indictment and the corruption in New Jersey politics include: The Daily Newarker, Corruption Chronicles, The Politicker (who notes that the chair of the state Democratic party wants James to resign), and Monmouth County GOP Blog.