Elections 2018: Orange County Supervisor Todd Spitzer, who leads D.A. Tony Rackauckas, is poised to take over the district attorney’s office

Orange County Supervisor Todd Spitzer is on the verge of doing what was once unthinkable, unseating 20-year veteran District Attorney Tony Rackauckas despite solid backing by old guard Republican leaders.

Rackauckas’ tenure has been marked by scandal and criticism that his department is a “ship without a rudder.” But he has never before faced such strong competition in a tough-on-crime county that some political pundits say has a high tolerance for alleged civil rights violations.

“Even Orange County voters have their limits,”  said Fred Smoller, associate political science professor at Chapman University. “Enough people realized there were scandals that drew national attention, all sorts of reports this was a dysfunctional office.”

With more than 400,000 late ballots yet to be counted, Spitzer, 57, held a 32,472-vote lead Wednesday night over 75-year-old Rackauckas – who has not conceded and did not reply to a request to his campaign for comment – after one of the nastiest fights in Southern California. Rackauckas’ camp called Spitzer a “malignant soul,” “unstable, unhinged” and questioned his mental condition. Spitzer labeled Rackauckas as corrupt and capable of manipulating a serious rape case to benefit his political campaign.

To civil rights lawyers and activists, Spitzer’s potential election sparks optimism that major reform will come to an office that has brought national scorn.

“I’m starting from  a position of hope that Supervisor Spitzer will keep his promise that prosecutors and law enforcement are going to be required to honor their legal and ethical obligations, regardless of how it affects their cases,” said Assistant Public Defender Scott Sanders, who found that prosecutors and sheriff’s deputies were misusing jailhouse informants to get convictions.

The Orange County Register spoke with Spitzer on the day after the election as he waited for more results.

Q: If your lead holds, what will the District Attorney’s Office look like under Todd Spitzer?

A: It’s not going to be a place micro-managed by the 10th (executive) floor. This office is not going to be about doing press conferences and trying the case in the media. …You’re not going to see an office driven by media theatrics.

Q: What would be the first thing you do as D.A.?

A: Send a very strong message that this office will be run with the utmost transparency. This office will be open and honest. There is not going to be any cheating to get convictions. Our job is to keep the community safe. People will not be judged in this office by their conviction rate … that’s what got the office (under Rackauckas) into trouble.

Q: The district attorney’s office has been accused of a lot of bad things. Will you be taking a broom through the office?

A: Absolutely not. The district attorney is entitled to his executive team but the rank-and-file should not have any concerns. Frankly, they’re going to feel like the light of day has been brought into the office. This office will simply return to being a competent and ethical D.A.’s office. …These prosecutors know today they operate in a retaliatory, vindictive environment. They’re always looking over their shoulder. It’s not their burden to prove to me that they’re loyal, it’s my burden to prove to them I should have their respect. … I know those people well and they are smart, educated people. They want to follow a boss who is a champion for them. …The campaign is completely in my rearview mirror. All I care about now is protecting the public.

Q: Will you be keeping programs started by Tony Rackauckas, such as the office’s practice of collecting DNA?

A: I have some serious concerns about the DNA initiative. I plan to bring in experts to advise me. I am not convinced the D.A. needs its own crime lab. It concerns me the D.A. is collecting evidence and then presenting the evidence in a court of law. I’m incredibly concerned that they are misusing the DNA lab to get convictions. It’s the only D.A. in the nation with its own crime lab.

Q: After years of scandal, how will you change the image of the district attorney’s office?

A: I will be going around the county and meeting with groups on a regular and consistent (basis). The win-at-all costs mentality is over in the D.A.’s office. … The filing deputies are supposed to file the charges that are appropriate, not everything that can stick. We’re not going to go to court and ask (them) to throw the book at every person.