Capizzi Move Backfires: He Gives Foe Publicity

Good attorneys don’t always make wise politicians.

In his bid for a Superior Court judgeship, former Dist. Atty. Mike Capizzi has blundered by allowing his backers to take his opponent to court over a meaningless issue they had no chance of winning.

Capizzi has now riled his adversaries to align against him, and disappointed some already on his side.

Wednesday, a judge threw out a pro-Capizzi petition with comments just short of calling the whole thing frivolous.

Capizzi is running in the March 7 election against one of his former employees, Deputy Dist. Atty. Stephanie George, for the seat being vacated by Judge Gary P. Ryan. Given the electorate’s usual lack of information about most local political races, Capizzi had a huge edge on George by name recognition alone. Political history in this county shows that, except in cases of scandal, voters tend to go with a name they recognize in smaller races. Capizzi’s name is widely known; George’s hasn’t been.

Until now, thanks to Capizzi.

In a nutshell, a concerned citizen named Otto Schmidlen, a retired Marine lieutenant colonel, filed a court petition asking that Stephanie George be removed from the ballot. Or, short of that, forced to use her full married name designation, Stephanie George Deamon. Schmidlen’s argument was that the state election code restricted her to use her full legal name if she had changed it within the past year.

Had George taken a stab at a moniker like Mother Teresa, Schmidlen might have had a point. Not that we know Schmidlen has even read the election code. He only permitted his name to be used as the vehicle for bringing the lawsuit to court. Schmidlen didn’t even bother to show up at Wednesday’s hearing to bask in his 15 minutes of fame.

Capizzi’s name isn’t on the lawsuit. But anybody who believes this was all Schmidlen’s idea would buy that the county’s 1994 bankruptcy was just a temporary cash flow problem.

Capizzi was the only one to gain if this lawsuit had prevailed. Instant no-opponent, instant measurement of the black robes.

But it was a longshot gamble with consequences. Capizzi has raised George’s profile in the county immeasurably, and he’s given her some issues to work with she didn’t have before.

I don’t buy into the argument that what Capizzi did was sexist. A male opponent in the same circumstance would likely have faced the same challenge.

But Capizzi may have angered many women countywide, because they know a male opponent would likely not have been in those circumstances.

“It’s an issue that men never have to face,” said Jennifer Keller, one of George’s attorneys, at Wednesday’s hearing before Superior Court Judge Tully Seymour. “For many women, keeping their own identity is important.”

True, George did list her name on the election registry as Stephanie George Deamon. But when she was asked what ballot designation she wanted, she automatically said Stephanie George. That’s how she’s known in legal circles; that’s the name on her state Bar card that permits her to run for a judgeship.

The crux of the election code language is to assure that the voters are not defrauded. As George’s other counsel, Michelle Reinglass, pointed out to the court, what’s the fraud risk here? Zip.

Judge Seymour’s sentiments were clear from almost the first words he spoke: “A woman’s maiden name is something she has all her life.”

When Schmidlen’s attorney, David Robinson, argued George may have used her maiden name for tactical reasons, the judge’s response was essentially: So what?

In judicial races, candidates have to strive for every possible advantage they can get, the judge said. What’s wrong with using the name you’re best known for?

The current district attorney, Tony Rackauckas, attended the hearing to show support for George. A longtime Capizzi foe, Rackauckas didn’t try to hide his broad smile.

“Sometimes these things backfire, don’t they,” Rackauckas said wryly.

Well, yes. This was hardly a move you’d expect an attorney with Capizzi’s distinguished record to support.

In my years covering criminal courts, Capizzi was among the most courageous lawyers on the scene. As a top assistant to former Dist. Atty. Cecil Hicks in the 1970s, it was Capizzi who took on the unpopular task of going after powerful but crooked politicians, including a county supervisor, and sent them to prison.

It was Capizzi who led the challenge against backroom deals between judges and lawyers, insisting the public’s business should be conducted in public. He stood strong on that issue even when his own deputies criticized him. (Some were more cozy with the backroom sessions.)

And when Capizzi, a Republican, angered his own party in recent years with some of his political prosecutions, he refused to back down.

He paid the price too. His ill-advised run for attorney general last year was doomed by party faithful unhappy with his independence.

But this petition against Stephanie George had an unseemly smell to it. Beginning with a pro-Capizzi attorney’s message on George’s answering machine, informing her of the petition just before the holiday. The caller said see you in court Monday, even though George’s voice mail made clear she would not be back into the office to get her messages until Tuesday.

More than that, though, the petition just cut against the American grain of fair play. We fight our battles within the arena; we don’t try to keep our opponents from getting to the ring.

This political goof in no way diminishes for me that Capizzi would make a terrific judge. But Stephanie George has strong credentials for a judgeship too.

And now, Capizzi has opened the door to give voters a better look at her.

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Jerry Hicks’ column appears Monday and Thursday. Readers may reach Hicks by calling (714) 564-1049 or e-mail to jerry.hicks@latimes.com.