Hill Resigns but Fails to Set Departure Date : Senate: Committee puts aside motion to expel the convicted lawmaker, pending clarification of his apparent intention to remain until sentencing.

Republican state Sen. Frank Hill of Whittier, convicted last week of corruption, resigned Thursday, but threw the Senate into confusion by refusing to say when he will actually leave.

In a one-paragraph letter, Hill, 40, said his resignation would “become effective immediately upon an official judgment of conviction,” which commonly occurs when a defendant is sentenced to prison. For Hill, this is scheduled to happen Sept. 12, when he appears in U.S. District Court to face sentencing on his conviction for extortion, conspiracy and money laundering. He faces a sentence that could exceed six years in prison.

Hill, who has refused public comment since his conviction, declined to elaborate on his letter.

Hill submitted his resignation shortly after a demand was made on the Senate floor by Sen. Leroy Greene (D-Carmichael), chairman of the Ethics Committee, for Hill to be expelled immediately.

Greene told colleagues that to ignore the federal court jury verdict “is to turn our back on the criminal justice system which we have established.”

“The people of this state have a right to expect that we will judge convicted criminals in this house by the same standards by which we judge others,” Greene said.

But the Senate Rules Committee put aside consideration of the expulsion motion after it received Hill’s letter. Members were puzzled by Hill’s failure to set a date for his departure and said they needed more time to clarify whether he would leave by Sept. 12.

Meanwhile, Gov. Pete Wilson, a fellow Republican, was asked by reporters whether he thinks the Senate should expel Hill. “Yes, I do,” he said. “I have sympathy for a lot of people who are in trouble. That doesn’t mean I condone their actions.”

Under the law, elected statewide officials must resign when convicted of a serious crime. However, the requirement does not apply to legislators, who can be expelled only by a two-thirds vote of their colleagues.

Hill, popular among many legislators, appeared to be gambling that supporters of expulsion could not muster enough votes, at least before Sept. 12, legislative sources said privately.

The last expulsion from the Senate occurred in 1905 and also involved a criminal scandal.

It was clear from the debate on the Senate floor over Greene’s proposal that the expulsion resolution will face stiff opposition in obtaining the needed 27 votes in the 40-member chamber.

Hill was the first Republican lawmaker tried as part of a lengthy federal political corruption investigation that surfaced nearly six years ago when the offices of Hill and three other lawmakers were searched by FBI agents. Hill was videotaped accepting a $2,500 honorarium from an undercover FBI agent posing as a businessman seeking a legislative favor in 1988.

The Rules Committee stripped Hill of his committee assignments but did not defuse the controversy over a convicted felon remaining in the Senate as a lawmaker. Hill voluntarily agreed not to vote on bills.

Hill has secluded himself in his Capitol office and has continued to draw his $52,500-a-year salary and $101-a-day tax-free living allowance.

Senate President Pro Tem Bill Lockyer (D-Hayward) said he wants to get clarification from lawyers before deciding whether an expulsion proceeding should go forward next week.

Acknowledging that the lack of a quick resignation will anger the public, Lockyer said, “It is hard to get people to understand that basic justice necessitates some fairness and due process. And even politicians should be granted those basic rights.”

He described Hill as contrite and heartbroken over how the conviction is affecting his wife and three children. Lockyer said that Hill believes “he is the victim of an out-of-control criminal justice system.”

In the morning, Hill walked through the Senate chamber, greeting colleagues and staff members. “I’ll have an announcement by the end of the day,” he said.

A few minutes later, Greene introduced the measure demanding Hill’s expulsion, triggering a spirited debate, including supporters of Hill who urged against hasty action. “We have to ask ourselves . . . what if the conviction is reversed?” said Sen. Nicholas Petris (D-Oakland). “I don’t believe it is necessary to rush to judgment.”

Senate GOP leader Ken Maddy of Fresno, who testified on Hill’s behalf at the trial, said lawmakers regard Hill as a good friend.

“It is like a lot of tragedies that enter people’s lives . . . I think he was more of a victim of circumstances and the venue than he is of committing a crime,” Maddy told reporters.

But fellow GOP Sen. William Craven of Oceanside, a member of the Rules Committee, introduced a measure requiring legislators to resign when convicted of a felony.

“I don’t want to sound like an ogre, but we are not judging (Hill) on the basis of being a nice guy. The people don’t understand a lot of the nuances about how legislators feel toward each other. They say, ‘What’s that got to do with it? If they are guilty, they are guilty.’ ”

Some Democrats indicated privately that if Hill were to resign effective July 1, Gov. Wilson could consolidate a special election to fill the seat with the Nov. 1 general election. This would save local taxpayers the cost of a special election.

Likely contenders in the GOP district include Republican Assemblymen Paul Horcher of Diamond Bar and Richard L. Mountjoy of Arcadia.