Capizzi’s Appointment Is Upheld : Campaign: Avdeef concedes disappointment, vows to step up efforts in D.A. race. Criticism flies at candidate forum.

Deputy Dist. Atty. Thomas Avdeef lost an appeal seeking to overturn the appointment of Michael R. Capizzi as district attorney but vowed Thursday to step up his campaign for the office.

“It’s disappointing news, I agree,” Avdeef said. “But not totally discouraging news. We are still going forward.”

Avdeef learned of the 4th District Court of Appeal action late Thursday at a candidates forum here before the South Orange County Republican Assembly.

The Board of Supervisors on Jan. 2 appointed Capizzi to replace Cecil Hicks, who resigned to become a Superior Court judge. Avdeef has sought to have Capizzi’s appointment overturned on grounds the board lacked jurisdiction to make it.

Avdeef and others contend that the appointment gives Capizzi an advantage in the June 5 election as incumbent.

Capizzi, for his part, said he was happy that the appeal process was over.

“I’ve always maintained that their argument was lacking and was without merit. It was a distraction, and I am glad it is behind us,” Capizzi said.

During the forum, Capizzi heard criticism of high turnover in the district attorney’s office. Avdeef said the office has lost 50 deputy district attorneys in the past two years.

Capizzi denied turnover was that high, saying that in fact it is consistent with that of other district attorney offices of similar size.

He was also hit with an allegation that he showed favoritism toward a judge who had allegedly broken the child-support laws.

Nick Novick, who was a deputy district attorney for 12 years before retiring two years ago, charged that Capizzi had instructed him not to prosecute a sitting judge who Novick claimed was two years behind in child-support payments.

Capizzi said that no such conversation ever took place.

Thursday’s debate provided an opportunity for challengers Avdeef and Assistant Dist. Atty. Edgar A. Freeman to question their new boss. In addition to turnover, they brought up pay, which Avdeef said was too low and was driving prosecutors into private practice, and what Freeman described as a lack of innovation and aggressiveness in the office.

Before his appointment to the top post, Capizzi was chief assistant district attorney, a title bestowed upon him by Hicks in 1986.

Avdeef’s first legal challenge to Capizzi’s appointment was rejected by Superior Court Judge Eileen C. Moore on Feb. 8.