Court Ruling Asked on Legality of Lungren Appointment of Stirling as Chief Deputy

Atty. Gen.-elect Dan Lungren asked the state Court of Appeal on Friday to decide whether the man he wants to be his chief deputy can legally serve in that office. Earlier this week, John K. Van de Kamp, the current state attorney general, argued that Lungren’s choice for his top aide--Sacramento Superior Court Judge David Stirling--could not take the job because the state Constitution prevents judges from leaving the bench during their terms to take another public office.

Contending that Van de Kamp has misinterpreted the Constitution, Lungren and Stirling asked the court to settle the matter so that Stirling can assume his new post on Jan. 7 when Lungren takes office. The suit asks the court to direct state Controller Gray Davis to ignore the Van de Kamp opinion and begin paying Stirling’s salary as chief deputy.