2 Protesting D.A. Appointment File Another Appeal

Two deputy district attorneys seeking to overturn a Superior Court ruling that the County Board of Supervisors acted legally when it appointed Michael R. Capizzi as acting district attorney refiled an appeal Wednesday with the 4th District Court of Appeal here.

The previous appeal filed by Chief Deputy Dist. Atty. James G. Enright and Deputy Dist. Atty. Thomas Avdeef was rejected by the appellate court last week on technical grounds. The justices said Avdeef and Enright had failed to include a copy of the transcript of proceedings.

Kevin McDermott, a Santa Ana attorney representing both Avdeef and Enright, said the refiling does include a copy of the transcript.

The challengers are charging that the supervisors had no authority to appoint Capizzi to the job when they did so on a unanimous vote Jan. 2. Capizzi temporarily replaces Cecil Hicks, who left after 23 years to accept a Superior Court judgeship.

The appeal seeks to have Enright, the second-in-command in the district attorney’s office, elevated to assume the district attorney’s duties until a new chief prosecutor is decided in the June 5 election.

Superior Court Judge Eileen C. Moore ruled in favor of the supervisors earlier this month.

A decision on whether appellate justices will hear arguments in the appeal is pending.

Capizzi, 50, had been Hicks’ chief assistant and was Hicks’ choice of a successor. The supervisors appointed Capizzi on a unanimous vote.

Although Enright, the chief deputy, was technically the second in command, Hicks had turned over most major duties for day-to-day operations to Capizzi. Hicks created the title of chief assistant for Capizzi in 1986.

Avdeef and Assistant Dist. Atty. Edgar A. Freeman will challenge Capizzi for the district attorney’s post in the June, 1990, election.