Lawmakers Must Respect Law

The likely dismissal of criminal charges against Assemblyman Scott Baugh (R-Hunt- ington Beach) stemming from his 1995 campaign should not be taken as a signal that anything goes in politics. This resolution of a long and complicated criminal investigation would appear to put the matter where it now belongs. But the end of this matter does not mean that prosecutions in political cases in Orange County should end or always be referred to civil authorities.

State Atty. Gen. Bill Lockyer, a Democrat, has asked that the Baugh case be turned over to the Fair Political Practices Commission, the FPPC, which deals in civil actions rather than criminal. Lockyer said the key witness, Baugh’s campaign treasurer, was unreliable. Baugh has admitted mistakes in filing campaign documents but disavowed criminal intent and blamed the campaign treasurer for leading him astray.

The case started in 1995, when Republicans led the recall of one of their own, Assemblywoman Doris Allen of Cypress, who they felt was too close to Democrats. Baugh was elected to replace her and cast the deciding vote that made Curt Pringle of Garden Grove the Assembly speaker, a long-sought goal of Republicans. Orange County Dist. Atty. Michael R. Capizzi spearheaded Baugh’s prosecution on two felony and 10 misdemeanor charges related to the campaign.

Baugh supporters claimed the charges always belonged before the FPPC as a civil case. Capizzi insisted they were crimes. Each side got something in the end, although Capizzi was shunned by fellow Republicans who thought he was being unfair. He did win guilty pleas from several campaign workers and from Baugh’s chief Democratic opponent. However, two judges indicated skepticism over the case.

Deciding whether campaign violations are civil or criminal can be difficult. But the Baugh case should remind candidates that they need to know the election laws and guard against violations. Signing papers without reading them is never a good idea, especially campaign reporting documents that plainly state that lying carries a penalty of perjury. Baugh, a lawyer, should have known better. Campaign chicanery deepens public cynicism about politics. The men and women who write the laws need to be in the forefront of respecting them.