Court Lets Naming of D.A. Stand

The 4th District Court of Appeal refused on technical grounds Thursday to overturn Superior Court Judge Eileen C. Moore’s ruling that Orange County supervisors were within their jurisdiction to appoint Michael R. Capizzi as district attorney.

But the two prosecutors challenging the supervisors’ action are expected to refile their appeal. The justices rejected their arguments because they had failed to include a record of the case, standard procedure when such writs are filed. The justices’ ruling was “without prejudice,” however, which means the challengers may try again.

Deputy Dist. Atty. Thomas Avdeef, who brought the suit, claims the supervisors violated the state government code on Jan. 2 when they appointed Capizzi to replace Cecil Hicks, who left after 23 years to accept a judgeship.

Avdeef was joined by Chief Deputy Dist. Atty. James G. Enright. They claim that Enright, as second-in-command in the office, should be elevated to assume the district attorney’s duties until after a new chief prosecutor is decided in the June 5 election. Avdeef is already a candidate to run against Capizzi in June and Enright hopes to run if this lawsuit is successful.

Judge Moore disagreed with them, however, in a ruling last week. The challengers were not surprised at her decision, aware that they are bucking a longstanding, statewide tradition of such appointments.