The state's plea offers to Atlantic City's first couple include jail time for the superintendent but probation for her husband.
Mayor Marty Small and Superintendent Dr. La'Quetta Small are accused of abusing their teenage daughter.
The cases were previously separated for trial, under a motion by Dr. Small's attorney, who was concerned his client could be hurt by the bigger charges her husband faces.
But despite her one charge compared to the mayor's multiple charges, Dr. Small was offered five years flat. That means there would be no mandatory time before she would be eligible for parole.
That was rejected, her attorney told the judge Friday.
Meanwhile, the mayor could wrap up his cases alleging child abuse and witness tampering with no jail time.
But the state's offer also means he would never be able to serve public office again.
His attorney did not give an answer to that offer, but the mayor was adamant that he's not taking it.
"Absolutely not," he told reporters after he left the courtroom.
His trial is set for Nov. 10.
Dr. Small's trial is set for Dec. 1.
The difference in time seems to reflect the state's contention that Dr. Small's attorney has made no counter offers.
"There have been offers made from Mr. Small's attorney on Mrs. Small's behalf, which seems a little inappropriate, but that's where we are," Assistant Prosecutor Elizabeth Fischer told the judge.
"So that's why the offer is what is is for Mrs. Small, because (her attorney Michael) Schreiber has not in good faith given a written counteroffer to the state" she continued.
Schreiber indicated a push for pretrial intervention without admitting guilt.
He told BreakingAC outside court that they will continue negotiating, and go to trial if necessary.
The couple will be back in court before that.
A date is set for Sept. 29, when they also will see which judge is taking on the case. That date also includes Constance Days-Chapman, the suspended Atlantic City High School principal accused of failing to report the abuse after the Smalls' daughter came to her twice.
Judge Bernard DeLury previously denied a failure to dismiss her indictment, along with a follow-up motion that said his decision was flawed.
The cases have gone through many hearings, including a motion to suppress recordings the teenage victim's boyfriend captured while on the phone with the teenage girl.
The judge denied that motion after a hearing that included testimony from the teenage girl and the boyfriend.
DeLury is retiring this month.
