Drop Issue of Legal Fund

It’s hard to understand why City Atty. John W. Witt is even considering trying to apply the local campaign finance ordinance to City Councilman Uvaldo Martinez’s efforts to raise money for a legal defense fund.

To begin with, former Mayor Roger Hedgecock successfully challenged Witt’s attempt last year to impose the campaign gift restrictions--including a $250 maximum for contributions and a prohibition against corporate gifts--on his legal defense fund. Furthermore, it’s just not fair.

In the Hedgecock case, a Superior Court judge ruled that campaign limits apply only to political races and not to legal defense funds. Witt appealled. But because Hedgecock was convicted and resigned from office before a decision was handed down by the Court of Appeal, the challenge was dropped. Since a ruling by a Superior Court judge is not binding on other judges, Witt feels the issue remains unresolved.

But Judge Mack P. Lovett was right in the Hedgecock case: The campaign financing ordinances, as important as they are, are intended to govern a political candidate’s fund-raising efforts and not to deprive an elected official of the same opportunity every other criminal defendant has to vigorously defend himself.

When Martinez goes on trial next month on 24 felony counts of misappropriating public funds and falsifying public records, he will be fighting for his freedom and his career. To say that he is not entitled to raise as much money as he can to aid his defense would be extremely unjust. Witt should drop the idea now.