Becerra campaign commercial is targeted in opponent’s complaint

SACRAMENTO — Democratic Attorney General challenger Dave Jones has charged incumbent Xavier Becerra with violating campaign laws by featuring the Sacramento courtroom used by the state Supreme Court in his advertising.

Becerra’s campaign said it acquired the proper permits and called the charges “desperate.”

The Daily Journal obtained a copy of a permit issued to the Becerra campaign prior to filming inside the Stanley Mosk State Library & Courts Building in Sacramento. Jones’ side also said the filming violated the official policies of the California Film Commission about filming in courtrooms.

“It’s an egregious violation of state law to use a state office building in a campaign commercial,” Jones said while flanked by his attorney, Nossaman LLP partner Amber Maltbie, at the firm’s downtown Sacramento offices. “Once we realized what was happening, we’ve taken immediate steps to stop it.”

Those steps included complaints to the Fair Political Practices Commission and the attorney general’s office. Jones called for Becerra to order an investigation and recuse himself.

“At least four campaign commercials” were filmed inside the building, according to a press release from the Jones campaign.

The courtroom is used by the 3rd District Court of Appeal and sometimes by the state Supreme Court. The Jones campaign provided screenshots clearly showing Becerra in the building’s main courtroom over reprinted headlines like “Trump’s nemesis.”

Jones’ team also said Becerra could be on the hook for hefty fines, and provided copies of sample cease-and-desist letters it said it will consider sending to stations that air the ads.

“Dave Jones continues to have a Trumpian relationship with the truth,” said Becerra campaign manager Dana Williamson in an email. “This is nothing more than a desperate attempt to bring attention to himself because his floundering campaign has failed to make the case to voters. We obtained a permit from the California Film Commission to use the courthouse by going through the usual legal process just as any private citizen is entitled to do.”

Jones’ campaign manager, Parke Skelton, then tweeted that the California Film Commission does not “process requests for filming in courthouse.”

Skelton followed up with this line from the Film Commission website: “Filming requests for Appellate Courtrooms located within state office buildings will not be considered.”

“The campaign applied for and obtained a permit from the California Film Commission to film at the courthouse by going through the same legal process that is available to everyone,” said Becerra’s campaign attorney, Stephen J. Kaufman, founder of Kaufman Legal Group in Los Angeles.

“[Government Code] Section 8314 does not apply where a candidate uses a public forum that is available to anyone else on the same terms,” he added. “Therefore, we reject the baseless claims of the Jones campaign.”

The filming permit obtained by The Daily Journal was completed on Film Commission letterhead and states that it was approved March 22 and again April 10 by the California Highway Patrol, which works with the Film Commission on permitting.

It was issued to “Dangerboys, LLC DBA Criminal,” a San Francisco-based production company. The permit states that the company was allowed to film in the courtroom and hallways of the building between 8 a.m. and 8 p.m. on April 26.

A CHP representative confirmed the approval, but said it approves requests if the Film Commission and building manager also approve. They said the CHP does not evaluate requests for compliance with Film Commission policies.

Jones is locked in a battle for second place with two Republicans in California’s top-two primary system.

If Jones wins second place, the state insurance commissioner would face off against Becerra in a Democrat-against-Democrat challenge in the November general election. If he doesn’t, Becerra would face on the GOP candidates, retired El Dorado County Superior Court Judge Steven C. Bailey and Los Angeles attorney Eric Early.

Jones also used his press conference to attack Bailey, highlighting the 10 disciplinary counts he is facing from the Commission on Judicial Performance. This includes campaigning for attorney general while he was still a sitting judge.

Bailey has denied the charges. He won the endorsement of the California Republican Party at its convention on May 6.