Judge in Misconduct Cases Plans to Run a Tight Ship

The Los Angeles County judge drafted to preside over civil misconduct accusations against top Orange County officials told attorneys Monday that he plans to keep a tight rein on the politically charged cases.

Superior Court Judge John W. Ouderkirk spent his first day on the job sorting through the reams of paperwork already filed by defense attorneys who want Dist. Atty. Michael R. Capizzi disqualified from the cases against Supervisors William G. Steiner and Roger R. Stanton and Auditor-Controller Steve E. Lewis.

“This recusal motion can become a monster,” Ouderkirk said. “I’m not going to let it do that.”

Ouderkirk then postponed a hearing on defense motions until Friday, giving himself a few more days to prepare for the complex legal wrangling surrounding civil charges of willful misconduct accusing Steiner, Stanton and Lewis of failing to oversee the county’s ill-fated investment pool.

Attorneys for the trio contend that Capizzi has several conflicts of interest that should prevent him from prosecuting the case. They are also demanding details on whether Capizzi threatened to dismiss the grand jury panel that brought the accusations when it pressed to hire an independent counsel because of Capizzi’s potential conflicts.

But prosecutors are fighting to keep the cases. Orange County Assistant Dist. Atty. Brent Romney said no conflicts of interest exist that would prevent the officials from getting a fair trial.

The far-reaching nature of the county’s fiscal woes has raised a variety of conflict-of-interest questions since the county declared bankruptcy Dec. 6, 1994, shortly after former Treasurer-Tax Collector Robert L. Citron’s high-risk investments lost $1.64 billion in money belonging to the county, schools and cities.

No county agency or department emerged unscathed. Among those hardest hit were the municipal and superior courts, and to a lesser degree, the district attorney’s office. County employees--Capizzi’s staff included--also may have lost money in deferred compensation benefits during the bankruptcy.

“They’re victims of this case,” said Allan H. Stokke, Steiner’s defense attorney. “If they’ve been harmed, they shouldn’t be in the position to prosecute this case.”

Defense attorneys have made it clear they want Capizzi to be grilled on the witness stand.

Ouderkirk was selected Jan. 4 to handle the cases after the county’s Presiding Superior Court Judge Theodore E. Millard, citing a battle with the county supervisors over reductions in court funding budget, took the unusual step of barring all Orange County judges from cases involving Steiner, Stanton and Lewis.

Previously, Orange County Superior Court Judge David O. Carter excused himself from presiding over the criminal case against former Budget Director Ronald S. Rubino, because he performed Rubino’s wedding ceremony several years ago. Rubino is accused of two felony counts of aiding and abetting Citron in skimming interest earnings from the investment pool.

Carter also removed himself Friday from presiding over the February sentencing of Citron, who has pleaded guilty to six felony counts and faces up to 14 years in prison. Carter didn’t explain his reasons in the Citron case, but the reason may be contained in sealed transcripts of the judge’s private talk with grand jurors.

Stokke on Monday asked Ouderkirk to privately review transcripts of Carter’s meeting with the grand jury to see if they detail the conflict-of-interest issues involving Capizzi. Stokke speculated that Carter may have learned something during that meeting that could make him a potential witness, which would have forced the judge to remove himself from the case.

Ouderkirk said Monday he will begin reviewing the transcripts as soon as possible. The Los Angeles judge warned the fleet of attorneys to keep their legal paperwork to the point and non-repetitive.

“Shorten it down,” he said, motioning to documents several inches thick that have already been filed in the cases.

“We want to get on with it,” he said.