FPPC Puts Lid on Montoya’s Legal Funds

In a setback for Sen. Joseph B. Montoya, the Fair Political Practices Commission reversed direction Tuesday and ruled that donations to the Whittier Democrat’s legal defense are subject to regular campaign contribution limits.

Just last month, the commission had agreed to draft a rule to let politicians collect unlimited amounts of money to pay the costs of a criminal trial.

But on a 4-1 vote, the state agency decided on Tuesday that contributions to a politician’s legal defense are subject to the limits of Proposition 73, which restricts donations to amounts ranging from $1,000 to $5,000 a year, depending upon whether the contributor is an individual or a political committee.

In siding with the majority, John Larson, chairman of the watchdog agency, declared that when people make a political contribution, “I don’t think they expect them to be paying fines and attorney fees with it.”

Aides to Montoya had no comment, saying the veteran lawmaker had not seen the opinion.

Montoya had asked the commission to issue an opinion because he faces trial next month in federal court on 12 felony counts stemming from an FBI investigation of political corruption at the Capitol. Since August, 1988, when he emerged as one of the FBI’s targets, Montoya has reported paying out $110,000 in legal fees from his campaign funds, statements filed with the secretary of state show.

In October, FPPC members indicated a willingness to allow Montoya to raise an unlimited amount for his legal defense and directed commission lawyers to draft an opinion accordingly.

With the proposed opinion in hand, however, the commissioners on Tuesday reversed themselves, criticizing the arguments presented in the draft as inadequate. In the case of Montoya, they noted, the draft report concluded that there is no connection between the criminal charges against him and his job as a lawmaker. Several members said they were unconvinced that this was the case.

Commissioner Joseph A. Rattigan, a former state senator, voted with the majority and against the draft opinion, observing that Montoya is “accused of selling his vote, and if he were not an officeholder he would not be in a position to do that. (The criminal allegations are) definitely and closely and inextricably related to his status as an officeholder.”

Brenda J. Robinson, a spokeswoman for the public interest lobbying group Common Cause, applauded the commission’s action. She maintained that a politician’s ability to raise unlimited money for a legal defense from campaign contributors “is more damaging and more corrupting than campaign contributions.”

Robinson said Common Cause would support a proposal to allow politicians to establish a separate account with separate limits for legal defense. Already pending in the Legislature is a bill to allow a way for politicians to raise unlimited amounts of money for legal defense.

The commission’s decision could have implications for other politicians, such as Assemblyman John Lewis (R-Orange), who also face criminal charges. Lewis has been charged with felony forgery for his role in using the name of then-President Ronald Reagan on campaign mailers. Republican lawmakers have set up a Lewis defense fund and are asking for contributions from special-interest groups.