Recently Demoted Prosecutor Resigns

A top prosecutor at the Orange County district attorney’s office, whose wife recently lost a discrimination lawsuit against the agency, abruptly resigned two weeks after being demoted, the office announced Tuesday.

The resignation of Devallis Rutledge, 56, comes a month after his wife, fellow prosecutor Victoria Chen, lost a gender and race discrimination claim filed against the department. The legal action was filed during the tenure of the previous district attorney, Mike Capizzi.

After Dist. Atty. Tony Rackauckas took office last year, Rutledge was promoted to chief assistant, but he was demoted to the position of senior deputy district attorney earlier this month.

“Devallis has had a distinguished career as a prosecutor in this office, and his expertise will be missed,” Rackauckas said in a staff memo circulated Tuesday.

“The circumstances that developed requiring me to change his assignment were unfortunate, and I wish him well,” he said.

Rackauckas declined to comment further or explain the circumstances that led to Rutledge’s demotion and eventual resignation.

Rutledge also declined to comment. He referred all calls to his attorney, Patrick McNicholas.

“The condition of his employment became so intolerable that Mr. Rutledge felt he had no choice but to resign,” McNicholas said.

“He has devoted 20 years-plus of his life to the district attorney’s office, and [the demotion] came as a huge shock to him. To have his position so unceremoniously taken away was a real bad wound for him.”

McNicholas said Rutledge is considering possible legal action.

When Chen’s discrimination trial began earlier this year, Rackauckas relieved Rutledge of his supervisorial duties, citing a possible conflict of interest.

Resignation ‘Will Leave a Big Hole’

Chen lost her case last month. She had contended she was passed over for promotions because she is an Asian American and also alleged she was the target of retaliation by Capizzi’s top assistants.

Three weeks ago, Rackauckas announced Rutledge’s demotion. Rutledge, who has been on leave since the beginning of his wife’s trial, did not report to work under the new position, said district attorney spokeswoman Tori Richards.

Last Thursday, he submitted his resignation, she said.

Rutledge, a nationally respected expert on Miranda rights, joined the office in 1976.

He built the district attorney’s training program from the ground up and has lectured to prosecutors and police officers around the country.

“It will leave a big hole in our office,” said Senior Deputy Dist. Atty. Craig McKinnon, who was hired around the same time as Rutledge.

Assistant Dist. Atty. Mike Jacobs said Rutledge’s departure may cause concern among some prosecutors. It’s the second resignation by a top manager in the first year of Rackauckas’ administration--Senior Assistant Dist. Atty. Christopher Evans resigned last July to join the Surfrider Foundation.

“It could give the appearance of instability, but hopefully the changes are positive,” Jacobs said.