Contribution Curbs Hurt Legislator’s Defense Fund

Assemblyman Scott Baugh is facing felony campaign wrongdoing charges, but his biggest obstacle these days isn’t in court. It’s his checkbook.

The Huntington Beach Republican was depending on hefty campaign donations from sympathetic benefactors to pay off his mounting legal bills, but a new state restriction on contributions has put a serious crimp in Baugh’s defense fund.

Proposition 208, overwhelmingly approved by California voters in November, limits personal contributions to state lawmakers such as Baugh to $250 each campaign season.

With his legal defense costs expected to swell to $300,000 by the time the Orange County district attorney is finished with the case, Baugh doesn’t see any way he can afford the bill.

“I owe my lawyers money. I’ve got donors lined up to help, but I’m terrified to accept their money for fear the D.A. will come down on me for that,” Baugh said. “I’ve spent more than $100,000. I have to raise another $100,000 to $200,000 to complete my defense. It’s virtually impossible to raise that kind of money in $250 chunks. I don’t know that many people who would give me $250 each.”

Backers of Proposition 208 have a simple response to Baugh: Tough luck.

They contend that the ballot measure’s intent all along has been to limit the sway that rich benefactors have over politicians.

A big donation “has the appearance of undue influence, whether it’s for a campaign or legal defense,” said Tony Miller, former acting secretary of state and a chief booster of Proposition 208. “It’s something he needs to live with. He apparently needs more friends.”

Officials at the state Fair Political Practices Commission, which has taken on the task of enforcing the new law, are hardly so cemented in their position.

Gary Huckaby, the FPPC’s spokesman, said final resolution of Baugh’s predicament with Proposition 208 remains “up in the air.” It probably won’t be concluded until the commission’s meeting next month, if then.

Baugh calls his quandary “an unconstitutional Catch-22” and suggested that he might mount a court challenge to Proposition 208 because of his fund-raising difficulties.

“You are effectively denied the ability to defend yourself,” he said.

“Bear in mind, I’m not on a crusade to wipe out Proposition 208,” Baugh said. “I just think it . . . denies me the ability to defend myself.”

One of the top Democrat political lawyers in the state suggested that Baugh would at the very least have an interesting case to make.

Joe Remcho, a San Francisco attorney helping to lead the Democrats’ fight against Proposition 208, said a move against it by Baugh “could go to the head of the class” and be expedited because of the assemblyman’s looming criminal case.

Short of filing a separate lawsuit, Baugh could ask the judge handling his criminal case to issue an order freeing him from Proposition 208 because it conflicts with his efforts to mount an adequate defense, Remcho said.

And while the inevitable appeals of such a constitutional challenge might be put on the fast track, the move could still effectively put Baugh’s criminal predicament on hold, Remcho said. Questions over Proposition 208’s effect on Baugh, he said, “would get in the way” of the criminal case.

Baugh’s attorneys are already working hard to derail the prosecution. He was supposed to have a preliminary hearing this week on five felony charges of perjury and 13 misdemeanor charges alleging violations of the Campaign Reform Act.

But his attorneys filed motions Tuesday asking that the state attorney general assume command of the case, arguing that Orange County Dist. Atty. Michael R. Capizzi has overstepped his prosecutorial discretion and is using the case to promote his own political fortunes.

Capizzi and his top deputy handling the Baugh case did not return a phone call seeking comment.

Most of the charges against Baugh relate to his alleged misreporting of tens of thousands of dollars of campaign loans and contributions in the days leading up to the special recall election in November 1995.

Baugh replaced former Assemblywoman Doris Allen (R-Cypress), who angered Republicans by becoming speaker in 1995 with only the support of Assembly Democrats.