Deukmejian Nominee in Ugly Fight for Confirmation

An unusually nasty confirmation fight has broken out over Gov. George Deukmejian’s nominee to lead defense lawyers who represent Death Row inmates.

Harvey Zall may still become state public defender, but not for lack of trying by his opponents--an amalgam of private defense attorneys, lawyers in the office he would head and a union representing them--to stop him.

In the last two weeks, the Senate Rules Committee, which is scheduled to hold a hearing Wednesday on Zall’s confirmation, has been been deluged with letters and phone calls about him.

Some prominent officials who endorsed him are now having second thoughts. Some past supervisors say he was among the least productive staff attorneys in the public defender’s office. And last week, some lawyers who are now Zall’s subordinates warned that there would be resignations if he is confirmed. The letter is unsigned because, the lawyers say, they fear retribution.

Vote Canceled

The Rules Committee had planned to vote to confirm Zall two weeks ago. But the committee delayed its action after a strident attack by a former supervisor of Zall’s and by a representative of California Attorneys for Criminal Justice, an organization of 2,000 criminal defense lawyers that opposes his appointment.

Sen. Nicholas Petris (D-Oakland) said he and other members of the committee were “jarred” by the “undercurrent of bitterness” swirling around Zall, a man whose resume would suggest that he would be perfect for the job.

Zall, 52, has been acting public defender for 11 months. He has been a deputy state public defender for 11 years, responsible for appeals of people convicted of crimes, and more recently acting as lobbyist for the office.

A graduate of the University of California’s Boalt Hall law school, Zall put together an impressive list of legislators, appellate court justices and county public defenders to support his bid for the $85,400-a-year job.

“The odd thing is that people who work with him are totally opposed to him,” Petris said. Since Zall took over, some of the most experienced death penalty experts have quit. As a result, Petris said, the office’s most important work--41 death penalty appeals--”has ground to a halt.”

In an interview, Zall said he has been “chastened” by the fight over his confirmation. “I’m not saying I haven’t made mistakes,” he said. “I am emerging stronger, better, not embittered.

“I can, and I know I will, stand tall for the office,” Zall added. “I am confident that despite what has happened, we can heal the divisions within the office. . . . I will work with my critics and prove them wrong.”

Unusual Work Habits

People lobbying for Zall have dismissed his detractors as people who are upset that he is demanding more of them and imposing standards to increase productivity.

In an office long populated by its share of nonconformists, previous public defenders allowed work habits that were unusual for state employees. Since much of their work entails reading trial court transcripts that run into the tens of thousands of pages, attorneys were allowed to work at home. Zall banned the practice.

Los Angeles County Public Defender Wilbur F. Littlefield, who wrote to the committee on Zall’s behalf, said the complaints sound “like a lot of sour grapes from people who really had a pretty soft job there.”

Kevin Brett, the governor’s press secretary, described the bulk of Zall’s opponents as people with a “differing philosophical agenda.” Zall enjoys Deukme jian’s “full support,” Brett said.

“If you look at Harvey Zall’s record, it is one of utmost integrity. We see no reason whatsoever that Harvey will not be confirmed,” Brett said.

When he nominated Zall last March, Deukmejian cited his experience as a deputy state public defender and the time he spent as a prosecutor in Tulare County.

However, Jay Powell, former Tulare County district attorney, said he “fired” Zall in 1976. He said he will submit written testimony in time for Wednesday’s hearing explaining the action.

Zall acknowledged that he had been fired and explained it only by saying he and Powell “had a falling out.” He went on to work for the Tulare County public defender before being hired by the state public defender.

Hoping to weaken his support, Zall’s opponents contacted people who endorsed him, explaining their concern--and leaving some wishing they had remained silent. San Francisco Public Defender Jeff Brown said he feels like he “walked into a buzz saw,” though he added: “At the present time, the testimony that I gave, which was rather modest, stands.”

Some other backers named on the list compiled by Zall said they know Zall only in passing, or not at all, but wrote on his behalf because he or his backers asked that they do so.

Cruz Reynoso Backing

In a list of endorsements given to the Rules Committee, Zall placed former Supreme Court Justice Cruz Reynoso first among his supporters. He said Zall did a good job in oral argument before the Court of Appeal in Sacramento when Reynoso served on that court.

But Reynoso added that since he wrote a letter to the committee supporting Zall, several of the former justice’s friends have told him of deep concerns about Zall--and that “gives me pause.”

Court of Appeal Justice Clinton S. White, the second name on Zall’s list, was surprised that Zall claimed his support, given that he said he has “no recollection” of ever meeting Zall.

In the interview, Zall “apologized” for “any misunderstanding” about White’s position. He said White’s name appeared on the list because a supporter promised, mistakenly, that White would call a Senate Rules Committee member on his behalf.

The confirmation fight has done nothing to help morale in an office that has been in turmoil since at least 1983 when, in one of his first acts as governor, Deukmejian cut the office by half, reducing the number of attorneys to 50. Last year, the watchdog Little Hoover Commission recommended abolishing the office and merging it into a new office with private appellate attorneys who also handle indigents’ appeals and capital cases.

Some supporters from inside the public defender’s office have come forth. Veteran deputy Therene Powell said she is convinced that Zall “has the skill and dedication to provide excellent leadership for this office.”

However, Zall’s strongest opposition also comes from within as well as from lawyers who have left and are familiar with his past work.

‘Decimated’ Staff

The unsigned letter staff attorneys sent to the Rules Committee last week said Zall has “decimated” the cadre of deputies who handle death penalty appeals and is replacing them with lawyers who will need at least a year’s experience before they will be able to handle the complex cases. The letter says seven death penalty experts quit or have been forced out since Zall took over, leaving 20 of the office’s 41 death cases unfinished and needing to be reassigned.

“With Mr. Zall in control we simply cannot get our work done,” the letter declares.

Mark Cutler, former deputy state public defender, Zall’s direct boss in the early 1980s, described him as “completely disorganized, very unproductive” and said he threatened Zall with disciplinary action for his work.

“There were serious concerns about whether he should remain in the office,” said Quin Denvir, who was state public defender until 1984 and opposes Zall’s confirmation.

With all the bitterness, legislative sources say they are uncertain about the outcome of Zall’s confirmation. Just a few weeks ago, even his strongest opponents thought there was almost no chance that he would lose. Said one source: “It’s one of those where I have no idea what will happen. Every time I turn around, someone is saying something new.”