A Superior Court judge is giving the convicted Trenton Mayor nearly two weeks to explain why he should remain in office following his recent corruption conviction.
The state Attorney General's Office filed a request Monday with a state Superior Court judge, asking that Tony Mack be kicked out of office, stripped of his pension and be barred from holding elected office again.
But the judge ruled that Mack had 12 days to make a case for his position Wednesday.
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The judge's order caused City Council to postpone swearing in City Council President George Muschal as interim mayor. The move will wait until at least Feb. 24, which is Mack's deadline for offering reasons why he should remain in the position.
Community members say they are ready to move on and support Muschal serving as mayor through the end of Mack's term on July 1.
Mack was convicted Friday on bribery, fraud and extortion charges.
Under state law, people convicted of corruption cannot continue to hold public office. But since Mack has not resigned, the state is asking a judge to enforce the law.
Mark Davis, a lawyer for Mack, did not immediately return a call from The Associated Press about Monday's filing.
A regular city election is scheduled for May 13 to choose the next mayor and Muschal has said he does not intend to run. Mack is to be sentenced to prison the day after that election.
After a nearly monthlong trial, a federal jury last week found that Mack and his brother Ralphiel Mack, a former football coach at Trenton Central High School, participated in a scheme to take bribes in exchange for helping get approvals to develop a downtown parking garage. The deal was fictitious and part of a government sting.
Tony Mack was elected in 2010.