Incumbency will favor Summer Stephan over Adam Gordon to succeed Dumanis as D.A.

San Diego County supervisors won't limit candidates.

Adam Gordon from University of Virginia Law School photo. "The power of incumbency is so strong that... voters will be denied a fair and equal opportunity to vet all candidates."

Pleas from various groups urging the San Diego County Board of Supervisors to take precautions when installing a temporary district attorney to replace the outgoing Bonnie Dumanis fell on deaf ears at a board meeting Tuesday morning (May 2).

Summer Stephan. Departing D.A. Bonnie Dumanis has revealed that she would endorse the election of her chief deputy Stephan.

These organizations, including the local American Civil Liberties Union who took out an ad in Sunday's Union-Tribune and county Democrats, who are circulating a petition, had asked the board to consider only interim candidates willing to pledge they wouldn't seek the DA job on a permanent basis.

Sponsored
Sponsored

"This is the highest law enforcement office in the county. It deserves to retain its integrity, and should not be used as a platform for a candidacy," San Diego Democratic Party chair Jessica Hayes told the board. "While it's not illegal for the board to appoint someone who is a candidate for the office, it's certainly unethical."

Proponents of the "no re-election" pledge say that any race in which a candidate appointed by the Republican-dominated board appears would be tainted by an unfair advantage of incumbency.

"The voters alone should decide the next district attorney," argued Adam Gordon, a former deputy district attorney who has announced his intention to apply for the open seat on a strictly temporary basis. "The power of incumbency is so strong that if this board decides to appoint an individual who has already declared as a candidate for the district attorney race, voters will be denied a fair and equal opportunity to vet all candidates in the 2018 election."

County supervisors, though, expressed no interest in limiting their choices for an interim nominee. Board chair Dianne Jacob did respond to other requests pertaining to public disclosure, promising transparency during the selection process.

"There will be perhaps as many as two public hearings. The first would be on June 20, and the second public hearing, if it's necessary to have a second public hearing, would be on June 27. And the vote would be public. The process is very open, very transparent, and I would invite any and all qualified applicants to apply for the position," Jacob said.

"In the end, I think what our constituents want is for us to appoint the most qualified individual for the position."

Supervisor Ron Roberts expressed his own concerns about the request.

"People could apply for this and say they're not running, but as we know from past performances people sometimes do that and decide 'You know what, I think I really will run,' and there is nothing illegal about that. We've had examples of that happening," Roberts said, though no specific examples were cited at the meeting.

"We've also had examples of people who said they wouldn't run, and we've passed up on probably better candidates who had an interest in running, then found out that for more than a year we had to put up with somebody who was less than adequate for the position," Roberts continued. "At the end of the day we need to pick somebody who we have the utmost confidence that for the next 16 or 17 months following the resignation of the current district attorney will be able to carry out their duties in an exemplary fashion."

The county will accept applications for the replacement DA job beginning May 3, with the application period closing at the end of the month. In addition to Gordon, an application is expected from Summer Stephan, who has already received an endorsement from the outgoing Dumanis for the 2018 campaign, in which she has declared herself to be a candidate.

Related Stories