Compromise in D.A.’s Office

There’s never been a secret about the bad blood between Orange County’s lame duck district attorney, Mike Capizzi, and the man who will replace him in January, Superior Court Judge Anthony J. Rackauckas.

But Rackauckas’ appearance last week before the Board of Supervisors was remarkable. The incoming prosecutor complained that Capizzi was hiring more than a dozen new employees and promoting others. Rackauckas wants to hold off on new hires and promotions until he takes over and wanted the supervisors to stop Capizzi. Here’s what should happen: Fill the lower-level positions but hold off on the promotions.

Capizzi argued that the turnover rate among the 245 attorneys in his office is about 10% a year, so he usually has openings. Those vacancies should be filled as soon as possible so the office can function properly. It does not make sense to wait six months for a new district attorney to fill these positions. Especially when the positions are entry-level, it’s doubtful whether one district attorney would differ significantly with another over which new hire should be brought on. Resumes, experience and interviews should be the basis for the hiring. These people won’t be making policy; they’ll be prosecuting criminals.

Promotions are an entirely different matter. Rackauckas should have the leeway to decide whom he wants to move up a notch or two in the office. It’s also doubtful the supervisors have much influence in this area. The district attorney is elected and deserves to pick his own higher-level people, as long as they’re qualified.