Wade: Right Choice for D.A.

In 1998, the contest for the open seat in the Orange County district attorney’s office pitted Wally Wade, an assistant district attorney, against Tony Rackauckas, a Superior Court judge and former deputy in the office.

Rackauckas won the endorsement of the union representing the district attorney deputies and another representing investigators. He also won The Times’ endorsement, and ultimately the election.

What a difference four years has made.

The politically well-connected Rackauckas is now up for reelection. And Wade, still with the district attorney’s office, although in a lesser capacity as a senior deputy, is again the sole opponent standing against Rackauckas. The rematch puts the office, and qualifications for it, back in the public spotlight.

This time, however, things are far different.

Rackauckas still has strong political backing, which should help him raise more campaign funds than Wade. And Rackauckas has “incumbent” after his name on the ballot.

But he now also has a track record--his first three years as district attorney. Based on that performance he no longer has the support of the deputies in his office. For the first time in its history, the Assn. of Orange County Deputy District Attorneys is not supporting its incumbent boss. This switch highlights a growing lack of confidence in the way Rackauckas is running the office.

The Orange County Attorneys Assn., composed not only of district attorney deputies but attorneys from the public defender and county counsel offices as well, also has voted to support Wade against the incumbent. The Assn. of Orange County Deputy Sheriffs, which includes investigators from the district attorney’s office, also abandoned Rackauckas. It decided to take no side for now.

We agree with the professionals’ evaluation of Rackauckas’ poor handling of his office. So we too now urge voters to support Wade.

When Rackauckas took office, we and many others looked for him to provide the fresh vision he promised. The incumbent has done some things well, but his office has been sidetracked by persistent questions about whether his many political associations make it difficult for him to do his job objectively. His vision has been clouded by controversy that has split the office into factions, made a shambles of morale, led to accusations of political favoritism and misconduct and resulted in no less than six investigations last year into office controversies.

Two of the more publicized cases include an investigation involving a friend of the district attorney’s and Rackauckas’ intervention in a matter involving one of his key campaign contributors, multimillionaire George Argyros, now U.S. ambassador to Spain. This has resulted in several instances in which the state attorney general had to be enlisted to sort things out.

In December, Rackauckas agreed to dissolve a nonprofit charity he created after an investigation by the state attorney general concluded that it was being mismanaged. The Orange County Grand Jury is also now conducting an in-depth look at the district attorney’s office. Rackauckas supporters describe the jury committee’s probe as a “routine audit,” but in a departure from routine that government observers see as rare, the jury is issuing subpoenas requiring past and present prosecutors to answer questions about the office’s operation.

The district attorney is one of the most powerful and important posts in county government and the criminal justice system. As such, it must be run efficiently and without the taint of political patronage of any kind. Rackauckas is a legally competent top prosecutor, but his involvement in the cases in contention, and in outside political activities, compromise the office’s historically apolitical operation.

His questionable decisions and divisive management style make it clear that the office needs a change in leadership. Wade, a 21-year veteran prosecutor, is well-qualified and respected in legal circles.

Wade is also a stronger candidate this time, articulating a clear sense of what needs to be done to remove questions of conflict in the conduct of the office’s business. That makes him the right candidate for this moment. He has experience, ability and an evenhanded temperament and management style. And he has the endorsement of the deputy district attorneys, whose support is vital in restoring harmony and independence to the office.

Voters should join them and elect Wally Wade as district attorney on March 5.