Carpenter Cannot Rejoin Board, Court Rules : Government: Ex-senator’s conviction on federal charges prevents him from holding office, judges decide.

A state appellate court refused Friday to allow former state Sen. Paul Carpenter to reclaim his seat on the State Board of Equalization, ruling that a conviction on federal racketeering, extortion and conspiracy charges barred him from holding elected office.

A three-judge panel of the 4th District Court of Appeal in San Diego rejected Carpenter’s argument that his reelection to the tax board in November entitled him to hold the office while his conviction was being appealed.

“Regardless of the pendency of Carpenter’s appeal, we conclude his conviction disqualified him from office under the plain meaning” of the law and the state Constitution, Associate Justice Richard D. Huffman wrote in a 13-page opinion.

The court emphasized, however, that it was not ruling on the question of Carpenter’s entitlement to hold office should his conviction be overturned. That question was not before it, the court noted, suggesting that if Carpenter’s conviction is reversed he can seek reinstatement in a separate legal action.

The decision, at least for the time being, allows Republican Matt Fong to retain the seat on the Board of Equalization to which he was appointed April 18 by Gov. Pete Wilson. Citing the state law that prohibits convicted felons from holding constitutional office, Wilson chose Fong to replace Carpenter and he assumed office without legislative opposition.

After consulting with his attorney on Friday, Fong said it appeared that the court had issued a “strong opinion” that confirmed the constitutionality of the state law governing public officials convicted of crimes.

“I think the public interest in having Carpenter out of office was greater than his own personal interest in staying in office,” said Fong.

On the day before Wilson announced Fong’s nomination to the post, Carpenter, a Democrat, asked the California Supreme Court to stop the governor from appointing someone to replace him. He contended that because his conviction stemmed from actions he had taken as a state senator and not as member of the Board of Equalization, he was entitled to keep his seat while his conviction was being appealed.

He also argued that by denying him his seat, the state was in effect disenfranchising the 560,000 voters who elected him to office. Carpenter’s district encompasses most of Los Angeles County.

The Supreme Court then sent the case to the 4th District Court of Appeal for review.

In its opinion, the three-judge panel said it was simply “good government” and “sound public policy” to require that convicted felons be removed from public office.

“Public officials are elected for the benefit of the community and can and should be removed irrespective of detriment to the individuals involved if the interests of the community so require,” the panel said. Concurring in the opinion were Justices Don R. Work and Gilbert Nares.

Neither Carpenter nor his attorney was available for comment. A spokesman for Atty. Gen. Dan Lungren, who represented the state in the case, said Carpenter can appeal the decision to the state Supreme Court.