New Office to Prosecute State Aides Studied

Atty. Gen. John K. Van de Kamp, asserting that a “lot better job can be done” in investigating and prosecuting public officials who do wrong, said Friday that he is considering asking the Legislature to create a state special prosecutor’s position.

“There may be some instances in which special prosecutors should be appointed,” he said, noting that his office is drafting proposed changes in the wake of both the FBI’s investigation of corruption in the Capitol as well as other cases involving suspected wrongdoing by elected officials.

In response to questions at a press conference, Van de Kamp said a state-level special prosecutor is one idea under consideration for recommendation to the Legislature, but a final decision has not been made.

Not All Crimes

“It is fair to say that I am not considering having special prosecutors taking care of all the potential kinds of criminal activity in terms of investigation and prosecution (involving) public officials,” he said.

While refusing to disclose specifics of his reform package and declining to criticize anyone, Van de Kamp told reporters: “From what I’ve seen this far, a lot better job can be done. We have to look at more thoughtful ways of handling these cases.”

Special prosecutors have been used by the federal government, but California has no such system. Recently, Donald H. Heller, a former U.S. attorney who is now defending a legislative aide in the Capitol sting case, called for appointment of an independent prosecutor to pursue political corruption in Sacramento.

In California, county district attorneys usually are charged with investigating and prosecuting cases originating in their jurisdictions. In certain circumstances, the attorney general may be asked to step in or may do so on his own.

In Sacramento County, the district attorney recently refused to file criminal charges against Assembly Republican Leader Pat Nolan of Glendale and others allegedly involved in the preparation of campaign mailers bearing a phony signature of President Reagan.

Among other reasons, Dist. Atty. John Dougherty said his office lacked the resources to pursue the case and referred it back to Van de Kamp, whose office conducted the original investigation. Van de Kamp said Friday that the case is still open.