Judge delays first appearance until special prosecutor question is resolved.
TRENTON -- Gov. Chris Christie won't have to answer to charges from a citizen's complaint in the George Washington Bridge scandal until next year, according to court records.
A Superior Court judge on Monday ordered the governor's scheduled November 23 appearance adjourned until other matters are resolved in the case stemming from a New Jersey man's official misconduct complaint against the governor for failing to stop the plot to shut down access lanes in Fort Lee.
The complaint by activist Bill Brennan, of Wayne, alleges that Christie knew of the now-infamous scheme, in which former aides and allies were convicted of conspiring to cause gridlock in the small Bergen County town to retaliate against its mayor for refusing to endorse the governor.
Christie, who was never criminally charged in the federal Bridgegate case, has repeatedly denied any wrongdoing and, through a spokesman, has called the citizen complaint "dishonorable."
AG: No special prosecutor needed
But citing testimony from several witnesses in the federal trial who claimed Christie knew more than he has disclosed publicly, the citizen complaint alleges the governor's inaction to stop the shutdown constitutes second-degree official misconduct, a charge punishable by five to 10 years in prison.
After a judge ruled last month that there was enough probable cause for the case to move forward, attorneys for Christie immediately appealed.
Brennan, meanwhile, has asked the case to be taken out of the hands of the Bergen County Prosecutor's Office and the state Attorney General's Office, alleging conflicts of interest because both the prosecutor and attorney general are Christie appointees.
On Monday, Assignment Judge Bonnie Mizdol issued two orders, the first of which set deadlines for briefs in the appeal and scheduled oral argument for January 11.
The second adjourned the governor's first appearance in court until Brennan's request for a special prosecutor is resolved.
Earlier this month, lawyers representing the attorney general and county prosecutor said in a joint brief that the two officials had personally recused themselves from the matter, arguing those recusals eliminated any conflict of interest in the case.
But Brennan contends that, by handing the matter over to top deputies in their own offices, the two officials only papered over the conflict. He said only an independent prosecutor is capable of handling the case.
"Either the governor of New Jersey is outside and beyond the purview of law enforcement, or he's like every other citizen and subject to the law," Brennan told NJ Advance Media on Tuesday.
In court papers, attorneys for the state called the request "extraordinary" and said Brennan lacked standing to make it.
A top state lawmaker, Sen. Ray Lesniak (D-Union), has also requested Attorney General Christopher Porrino appoint a special prosecutor in the case.
Last week, Bridget Kelly, Christie's former deputy chief of staff, and Bill Baroni, a top appointee at the Port Authority of New York and New Jersey, which controls the bridge, also filed for a new trial as they seek to overturn their convictions.
S.P. Sullivan may be reached at ssullivan@njadvancemedia.com. Follow him on Twitter. Find NJ.com on Facebook.