Hicks Appointed to Superior Court Bench

Orange County Dist. Atty. Cecil Hicks was appointed to a Superior Court judgeship Friday, and county supervisors said they expect to replace him by appointing his chief assistant, Michael R. Capizzi.

Some political experts say such an appointment would make Capizzi virtually unbeatable in next June’s district attorney election, because he would be identified on the ballot as the incumbent.

Hicks, 63, who had announced earlier that he would not seek another term after 23 years as chief prosecutor, said he expects to be ready to assume his new post within two weeks. Also appointed by Gov. George Deukmejian to a Superior Court judgeship Friday was Robert B. Hutson, 47, a Municipal Court judge in Fullerton.

Hicks replaces Judge Jerrold Oliver, who retired. And Hutson replaces Judge Judith Ryan, who also retired.

Hicks refused to comment about his possible successor as prosecutor, citing the state code of conduct that restricts political statements by judges. But Hicks has previously announced his support for Capizzi.

If Hicks assumes the judgeship before the supervisors vote on a successor, Chief Deputy James G. Enright would become acting district attorney until the supervisors appoint a replacement. Enright is not a candidate for the June election.

But supervisors say they will vote on Hicks’ interim replacement as soon as possible, and Capizzi is believed to be a shoo-in.

Supervisors Harriett M. Wieder and Roger R. Stanton said on Friday they will vote for Capizzi.

“Absolutely; no question about it,” Wieder said. “I have worked well with him for years and he has helped the district attorney’s office gain a national reputation.”

Supervisor Thomas F. Riley said that “unless something comes up I don’t know about, Capizzi is my choice, and I hope it would be a 5-0 vote on something this important.”

Supervisors Gaddi H. Vasquez and Don R. Roth said they were inclined to vote for Capizzi.

That vote could be as early as the first week in January. But one stumbling block could come from one of Capizzi’s opponents.

Deputy Dist. Atty. Thomas Avdeef, who is running against Capizzi along with Assistant Dist. Atty. Edgar A. Freeman, said Friday that he will go to court to stop the supervisors from appointing anyone. Avdeef claims that Proposition 59, passed by the voters in 1986, provides that a district attorney be replaced by the chief deputy--in this case, Enright--until an election takes place.

Freeman said Friday that he believes the supervisors have authority to appoint a replacement. But Freeman said the board should appoint Enright, chief deputy for more than 20 years.

“Jimmy was chief deputy here when Mike (Capizzi) was just learning about criminal law,” Freeman said. “For the board to pass over him to appoint Capizzi would be outrageous orchestration.”

Capizzi’s response was that the board should simply appoint the best person for the job “and I think I am that person.”

While Freeman and Avdeef are critical of Capizzi, both have been highly supportive of Hicks throughout the years.

“He has been a good prosecutor and he’s going to be a good judge,” Avdeef said.

Hicks stayed late in his office Friday accepting numerous congratulatory telephone calls.

“This is an emotional time for me,” he said. “I’ve not only been in this office 23 years, I’ve had this same desk for 23 years. This job is how I’ve chosen to spend most of my adult life. It’s not easy to pack up everything and leave.”

Presiding Superior Court Judge Phillip E. Cox said after learning the news about Hicks: “There isn’t anyone on the bench who doesn’t know Cecil. I have great respect for him.”

To avoid a possible conflict of interest with his former duties as chief prosecutor, Hicks will not be allowed to accept criminal cases, perhaps for up to two years.

Hicks is a former assistant U.S. attorney who joined the Orange County district attorney’s office in 1958. He is a graduate of UCLA and got his law degree from USC.

He served as chief deputy district attorney from 1962 to 1966, when he was appointed to replace Kenneth Williams as chief prosecutor.

While publicly Hicks and Enright have a cordial relationship, they have been longtime rivals behind the scenes. Three years ago Hicks created for Capizzi the title of “chief assistant.” While Enright remained No. 2 on paper, it is Capizzi who has been running the office. Enright has concentrated in recent years on supervising the homicide panel.

Many believed that Enright was the only person in the office who could have been a formidable opponent to Capizzi next June. But so far Enright not only has not entered the race, he has declined to discuss it.

Enright on Friday again declined to discuss the process of replacing Hicks until the election next year.

Hutson, who has been on the bench in Fullerton since 1982, was a deputy public defender for six years before that. He is a graduate of Cal State Los Angeles and got his law degree from the California College of Law.

The annual salary for Superior Court judges is $89,851.

Times staff writer George Frank contributed to this report.