Jurist Fighting Recusal Effort in Citron Case

A private lawyer has been hired at public expense to fight an effort to disqualify Orange County Superior Court Judge David O. Carter--and other local judges--from sentencing former Treasurer-Tax Collector Robert L. Citron.

The lawyer, former Assemblyman Thomas J. Umberg, insists in court documents that the judge can be “fair and impartial” in sentencing Citron, who has pleaded guilty to interest-skimming charges in connection with the county’s financial collapse.

Citron, who faces up to 14 years in prison and $10 million in fines, is scheduled to be sentenced Feb. 23. But the motion by Citron’s defense attorney to have Carter removed has thrown that plan into disarray.

Los Angeles Superior Court Judge Robert W. Parkin is now expected to review legal arguments by lawyers for the judge and Citron and decide who should sentence the 70-year-old former treasurer.

David W. Wiechert, Citron’s attorney, contends that Carter should be disqualified because the judge performed the wedding ceremony of former county Budget Director Ronald S. Rubino, who was indicted last month on charges of aiding and abetting Citron’s activities.

Wiechert also maintains that the sentencing should be moved out of Orange County because the entire local bench has been affected by the county’s bankruptcy.

In court papers, Carter turned away defense suggestions that he and other local judges were “tainted” because their pensions were affected by the county’s financial collapse. Carter said he had no personal funds in Orange County’s ill-fated investment pool and that 92% of his salary is paid by the state of California.

“Mr. Citron’s eventual sentence will not in any way alter my personal finances, [or] the finances of the court,” Carter wrote in an affidavit. “Therefore, neither I, nor the Orange County Superior Court, has any financial interest whatsoever in Mr. Citron’s case.”

Carter acknowledged that he had performed the wedding ceremony for Rubino and Sharon Esterley, who worked on the judge’s unsuccessful 1986 congressional campaign. Citing his connection to Rubino, Carter last week removed himself from Rubino’s case.

Carter said he and his wife had dinner with Rubino and Esterley two years ago and that Rubino and Esterley also attended the judge’s 50th birthday party. Carter added that “although I have not had a close social relationship with [Rubino and Esterley], I thought it would be best to avoid any appearance of impropriety and therefore recused myself.”

But the judge said in his affidavit that he had no conflict in handling the sentencing of Citron, who pleaded guilty months before criminal charges were filed against Rubino.

Responding to Carter’s affidavit, Wiechert said Tuesday: “Judge Carter is a fine jurist and I have no doubt that he firmly believes he can be fair and impartial in this matter. The concerns go to the appearance of impropriety which are the same concerns that led Judge Carter to recuse himself in the Rubino matter.”

Orange County Superior Court Judge James L. Smith said the county took the unusual step of hiring a private attorney to represent Carter and the court because of the brewing legal battle between local judges and county officials over trial court funding.

Last week, court officials hired Morrison and Foerster, the law firm where Umberg works, to file a “deficiency notice” with the county declaring that judges lacked sufficient funds to maintain operations at local courthouses after April 15, Smith said.

He said it was more convenient to also hire the law firm to handle Carter’s challenge, instead of relying on the county counsel’s office, which is representing county officials in the dispute with the judges.

* NEW GRAND JURY SWORN

Panel is expected to continue county bankruptcy inquiry. B5