Leaving the Bench to Steal Home

Tony Rackauckas, the new district attorney come Jan. 1, is going home.

True, he’s now Judge Rackauckas. He’s played a different role in the criminal courts for the better part of the past eight years. But that’s just been a career aberration. Rackauckas’ heart has always been in the D.A.’s office.

His prosecutorial zeal led him to interrupt his 16-year career as a deputy district attorney in the mid-1980s to campaign (successfully) for the ouster of California Chief Justice Rose Bird, who had earned a reputation for being soft on crime. Again in 1990, this same fervor drove him to co-author Proposition 115, a sweeping reform of criminal court procedure that is now state law.

In the late 1970s, Rackauckas was a member of the D.A.’s homicide team that legal pundits still talk about today as the best lineup of heavyweights any district attorney ever had: Rackauckas, Paul Meyer, Dave Carter, Bryan Brown and Rich Farnell. Brown remains a prosecutor, Meyer is a highly successful criminal defense attorney, and Farnell has a lucrative civil practice. Carter is a Superior Court judge, same as Rackauckas.

What led to Rackauckas’ overwhelming victory in last week’s district attorney race might well have its genesis in those early days prosecuting murder cases.

Rackauckas initially worked in a special assignment unit under Mike Capizzi, then a top assistant in the D.A.’s office who later became district attorney. But Rackauckas kept getting “borrowed” by then-Chief Deputy Dist. Atty. James Enright, who ran the homicide panel, and was a bitter adversary of Capizzi.

When Rackauckas became a full-fledged homicide prosecutor, he became one of Enright’s boys. Rackauckas and Capizzi respected each other but were never close.

Which didn’t help Rackauckas’ career. Capizzi became the heir apparent of longtime Dist. Atty. Cecil Hicks. Enright was popular within the office, but his differences with both Hicks and Capizzi were legendary.

Rackauckas left the office in 1988 as an unhappy “Grade 4.” Many of his peers had already been promoted to “Grade 5”--the supervisorial level.

As a court reporter in those days, not privy to the political machinations in the district attorney’s office, I never understood why Rackauckas hadn’t fared better with management. It was clear to all of us in the media that Rackauckas was one of the two best prosecutors in the office--the other being Brown, who was also the most popular deputy.

When Rackauckas went into private practice, and then became a judge (Municipal Court, 1990-93, and Superior Court, 1993-98), I assumed his career as a prosecutor was over.

“So did I,” Rackauckas said with a laugh, when we talked this week. “I never gave up the thought that someday I would return to trial work. But I didn’t see much chance of returning to the D.A.’s office.”

But strange things happen in politics.

Rackauckas began to sense that there was so much disaffection among deputies in the D.A.’s office that someone ought to challenge Capizzi.

It was the kind of gutsy thing Rackauckas is known for. But you don’t defeat Orange County incumbents unless one of them has created a groundswell of public opposition. And Capizzi hadn’t done that.

To everyone’s surprise, Capizzi chose not to seek reelection this year; instead he ran for state attorney general (and was badly whipped in the June 2 primary). That made things easier for Rackauckas.

When Bryan Brown decided not to run, and one of Capizzi’s top assistants, Brent Romney, became ill and dropped out of the running, that left only one Capizzi assistant, Wally Wade, as Rackauckas’ opponent.

But Wade entered the campaign too late. His chances sunk when the deputies in the office overwhelmingly endorsed Rackauckas. It was a clear statement that they were unhappy with management--and Wade was management.

On June 2, Rackauckas thumped Wade like a bass drum (62% to 38%). The judge’s campaign theme: to reorganize the office, with new management at the top.

But here’s something still a bit unsettling to me:

All during the campaign, Rackauckas supporters kept talking about how badly the D.A.’s office needed new people at the top. But take a look at who Capizzi’s top people are: Romney, Maury Evans, John Conley, Jan Nolan, Guy Ormes, Wade and, to a lesser degree, Brown. These folks didn’t get their jobs because they were the best at office politics. These are all A-plus, top prosecutors. Conley and Brown have both been honored as California Prosecutor of the Year. Evans has distinguished himself as a leader in both state and local bar associations.

Do you really go in and just move out that kind of talent?

Rackauckas smiles when the question is posed. Well, he says, “there is a lot of talent within the D.A.’s office. And I think I need people who are at least on the same page as I am.”

Rackauckas was diplomatic enough not to name names--who’s hot and who’s not. But he left an impression, more strongly than I had expected, that personnel changes at the top would be dramatic. He emphasized, however:

“I’m going to work hard to make this transition as smooth as possible.”

Rackauckas has a couple of good ideas how to make that happen. One is, he’s going to ask someone outside the D.A.’s office to lead a transition team for him. Also, he wants to sit down with Capizzi and have a cordial discussion about making a transition work.

Rackauckas mentioned one thing that he says impressed him greatly. On election night, Wade congratulated him with a sincerity he had not expected. After all, the campaign had gotten pretty bitter, with Wade trying to picture Rackauckas as someone soft on crime.

“To be honest, deciding Wally’s future role is going to be difficult,” Rackauckas said. “But I really was taken with how gracious he was in defeat.”

Deciding the fate of those going up, and vice versa, will keep Rackauckas busy the next few months. But he’ll have to think about it during his noon hour jog, or after hours.

Because for now Rackauckas is back on the bench. He only took a leave of absence from Superior Court to run for D.A.

He noted with a smile:

“I’ve been out of work for awhile; I need the job.”

Jerry Hicks’ column appears Tuesday, Thursday and Saturday. Readers may reach Hicks by calling the Times Orange County Edition at (714) 966-7823 or by fax to (714) 966-7711, or e-mail to jerry.hicks@latimes.com.