Ruling May Let Schabarum Stay on Board Indefinitely : Redistricting: Supervisor says he’ll remain until appeals process is over and an election is held. No one knows how long that could be.

Supervisor Pete Schabarum, who planned to retire in December, says he will stay on the board as long as it takes a federal appeals court to review a lower court ruling that Los Angeles County’s political map discriminates against Latinos.

Schabarum said through a spokesman last week that he plans to stay on the county Board of Supervisors “until the appeals process is completed and an election is held.”

How long that may be is anybody’s guess.

Whether he likes it or not, the man who said his job is not “as much fun as other things,” now finds that his term could be extended up to a year, maybe longer--without a single ballot being cast.

The open-ended stay on the board comes to Schabarum, 61, courtesy of the U.S. 9th Circuit Court of Appeals, which last month indefinitely postponed the 1st District election pending a review of new district boundaries approved by U.S. District Judge David V. Kenyon. In June, Kenyon ruled that the current lines discriminated against Latinos and approved a new map that changed political representation for many of the county’s 8.5 million residents.

The appeals court ruling has left the county’s political landscape in disarray, upsetting the election plans of current and prospective candidates for Schabarum’s seat and giving Schabarum another chance to exasperate colleagues who want him to step down.

Under the appeals court ruling, Schabarum, whose term expires at noon Dec. 3, will continue to serve until his successor is appointed or elected.

Sarah Flores, whose campaign to succeed Schabarum has been left in limbo by the case, made a last-ditch plea Friday to the U.S. 9th Circuit Court of Appeals to allow the November runoff between her and Superior Court Judge Gregory O’Brien to proceed. Kenyon had canceled the runoff and ordered a new primary in a redrawn 1st District, but the appeals court called off both elections.

In court papers, Flores complained that the uncertainty surrounding the election has hurt her campaign to become the first Latino elected to the board in 115 years. Since the runoff was canceled, she has raised “virtually nothing,” she said, adding that her campaign “can die on the vine if we lose momentum.”

Flores’ attorney, Thomas Bourke, argued that preliminary census figures made public last week raise questions about the reliability of county population estimates used for drawing new district boundaries. County estimates are higher than the preliminary census figures, and the differences show that any redistricting should be delayed until final census figures are available next year, Bourke said.

Election officials said the Nov. 6 runoff can still be held if the court acts by Sept. 12. A runoff can be held within 42 days of the court’s ruling. County officials said a new primary could be held in March, but plaintiffs’ attorneys say it could be held in December or January.

Richard Fajardo, an attorney with the Mexican American Legal Defense and Educational Fund, a plaintiff, said it would be wrong to delay redistricting until final census figures are available.

“The important thing is to give the Hispanic community that has been wronged for so long an opportunity to have an election as soon as possible,” he said.

As of now, however, the U.S. 9th Circuit Court of Appeals is not scheduled to take up the case until October. But an expected appeal to the U.S. Supreme Court could leave the supervisors’ districts unsettled, and Schabarum in office indefinitely.

Schabarum, who has bought a retirement home near Palm Springs, moved closer to closing the door on the possibility that he could run in a new 1st District. “As of today, he has no intention of running,” Schabarum spokeswoman Judy Hammond said.

The 18-year incumbent, however, was less clear when contacted later. “There is no election before us,” he said. “It’s too early.” He declined to elaborate.

Earlier this year, Schabarum privately discussed resigning, but only if he could have a say in who replaced him.

“Both of these guys would love to see me go,” Schabarum said recently, gesturing to his Republican colleagues, Deane Dana and Mike Antonovich, whom Schabarum has derisively referred to as “alleged conservatives.” “But it’s not in the cards right now,” Schabarum said.

Although he has said he will serve until a successor is elected, Schabarum could leave office anytime. In that case, Gov. George Deukmejian or his successor could appoint a new supervisor until an election is held.

But those close to Schabarum said they doubt he will resign because the supervisor does not appear able to choose his successor.

Schabarum considered resigning as early as February, his aides said, but only if he could persuade the governor to replace him with his hand-picked successor--O’Brien. But state law prohibits judges from accepting political appointment.

Antonovich and Dana said they believe Deukmejian would appoint Flores if Schabarum stepped down.

The governor’s office will not comment on private discussions concerning political appointments, said Deukmejian spokesman Robert J. Gore.

But a source familiar with the governor’s office said, even if O’Brien had been eligible for appointment, such a deal would have been highly unlikely.

“It would be out of character if the governor agreed to some kind of deal,” the source said. “And Schabarum and the governor have never been particularly close.”

The appeals court action leaves several candidates in political limbo.

Los Angeles City Councilman Richard Alatorre asked his lawyers whether he could begin to raise money to run for the Board of Supervisors, but was advised that he cannot form a fund-raising committee until the district lines are final, said Robin Kramer, an aide to the the councilman.

Under campaign finance laws “you can’t raise funds for a seat that doesn’t exist,” Kramer said. “The seat is still out there in the nether world.”

So uncertain is the county’s political picture that Flores has begun campaigning in both the current and the redrawn 1st districts, which only have half of their territory in common.

Flores and O’Brien said they are struggling to maintain interest in their campaigns.

The election delay has been a financial burden as well.

Flores, who mortgaged her Glendora home to help finance her campaign, owes about $60,000 for her legal battle. She and O’Brien are on unpaid leave from their jobs.

“We’re going to hold on as long as we possibly can,” said Flores, who has been on an unpaid leave of absence from her county job since March. “I’m committed, even if I have to take in laundry.”

Without his $94,344 yearly salary as a Superior Court judge, O’Brien said his family’s finances are “really getting stretched out thin.” His wife Carolyn recently went back to work in the personnel department of a supermarket chain, and the O’Briens had intended to use her salary to help pay for the schooling of their daughter, Kelly, at USC.

“Now that money is just providing a subsistence income for the family,” O’Brien said.