Possible New Conflict Cited in Case Against Assemblyman

Newly elected Orange County Dist. Atty. Anthony Rackauckas, who takes over in January, may be forced to remove his office from prosecution of the political corruption case against Assemblyman Scott Baugh (R-Huntington Beach).

Rackauckas may have more potential conflicts of interest than the county’s current top prosecutor, Michael Capizzi, who was removed from the case Wednesday by a Superior Court judge.

Rackauckas received campaign contributions from Baugh supporters, and Rackauckas in his recent bid for office employed the same campaign manager the assemblyman has used since 1995.

With the new potential conflicts of interest, the likelihood increases that Baugh’s case could end up before the state Fair Political Practices Commission, an administrative panel that oversees elections but has only civil enforcement powers.

“[Rackauckas’] political connections create an apparent conflict of interest that’s wider and deeper than any presented by Mr. Baugh” about Capizzi, said Southwestern University School of Law professor Robert Pugsley.

Rackauckas, a Superior Court judge, declined to comment Thursday on Judge Francisco Briseno’s ruling, saying it would be unethical to speak about another jurist’s decision. He also declined to discuss what he would do if Baugh’s trial were delayed until after he became district attorney.

But a source close to Rackauckas said the district attorney-elect probably would transfer the case to the state attorney general’s office after January because of the potential conflicts.

On Wednesday, Briseno ruled that Capizzi had a “substantial” conflict of interest in prosecuting Baugh, in part because of political contributions to Capizzi by a Baugh campaign rival. The judge ordered the case handed over to state Atty. Gen. Dan Lungren, but delayed his ruling pending an appeal by Capizzi and Lungren.