Newsom has choices for attorney general, and time to decide

California just can't hold onto an attorney general.

Almost four years to the day after he accepted Gov. Jerry Brown's nomination to be state attorney general, Xavier Becerra was tapped by President-elect Joe Biden to be Health and Human Services Secretary.

The announcement immediately sparked a storm of speculation about who Gov. Gavin Newsom might appoint to serve out the last two years of Becerra's term. Literally dozens of names of members of Congress, the California Legislature and local officials immediately started floating around the rumor mill. Many expect Newsom would name a woman and/or a person of color.

If confirmed by the U.S. Senate in the coming weeks, Becerra's tenure in the job would coincide almost exactly with President Donald Trump's term. With a boosted budget from Brown, Becerra spent much of his tenure filing lawsuits against Trump's administration -- more than 100 --and defending several others. He won most of these battles, though he failed to defend several state laws against federal challenges.

Becerra's departure would mark the third straight elected attorney general to leave the job for a more high-profile role, following Brown's jump to the governor's office and Kamala D. Harris' move to the U.S. Senate.

Becerra's confirmation hearings in the California Senate were a mere formality compared to what might await him in the U.S. Senate. To the extent he faced tough questions, it was then California Senate President Pro Tem Kevin de Leon asking if he planned to run for a full term in 2018. The Legislature was so concerned about likely legal battles with the then-incoming Trump administration that it hired former U.S. Attorney General Eric H. Holder Jr. and his firm, Covington & Burling LLP, on a contract basis for several months to provide legal advice.

"It is my intent to serve in this position for as long as I am able to by statute ... which would be far more than the next two years," Becerra said near the end of that hearing.

His Cabinet confirmation might hinge on the outcome of two pending U.S. Senate runoffs in Georgia. If Republicans maintain control of the U.S. Senate, his serial litigation might provide a reason for Republicans to reject him or for current Senate Majority Leader Mitch McConnell to prevent a vote on his nomination.

For this reason, many expect Newsom to hold off on naming anyone until the Senate confirms Becerra. Newsom did not address that question when he spoke to reporters about the state's pandemic response on Monday morning.

"I wouldn't expect him too," said William W. Lockyer, the last person to serve two full terms as California Attorney General. "My guess is that the governor's not really focused on it. There's so many other immediate things."

Naming someone now would just make for "10 enemies and one ingrate," added Lockyer, now of counsel with Brown Rudnick LLP in Irvine.

Former Senate President Pro Tem David Roberti "used to say to me, 'There are so many decisions you can avoid if you procrastinate long enough,'" Lockyer joked.

Speculation about a replacement immediately centered on several members of California's U.S. House delegation, several of whom have also gained greater notoriety in the Trump era. One rising star in this group, however, is not a possibility. Rep. Katie Porter, D-Irvine, is not a member of the California Bar.

Being a member of the State Bar is a requirement for the job. While Becerra had been inactive for most of his 24 years in Congress, he passed the California Bar in 1985 and renewed his license after Brown nominated him. In April, the 3rd District Court of Appeal rejected a petition by former Republican attorney general candidate Eric P. Early claiming that Becerra was ineligible for the job because he allowed his license to lapse. Early v. Becerra, C087947 (3rd DCA, filed Sept. 17, 2018).

That could be good news for Rep. Adam B. Schiff, D-Hollywood, if he wants the job. The former federal prosecutor let his bar license lapse in 2001 when he was elected to Congress. Other members of Congress with inactive licenses include Ro Khanna, D-Santa Clara, and Jared W. Huffman, D-San Rafael. Representatives Eric M. Swalwell, D-Castro Valley, and Ted W. Lieu, D-Los Angeles, are active members of the California Bar.

But many have said Newsom shouldn't name a House member -- even one in a safe seat.

"@GavinNewsom cannot take someone in a congressional seat," tweeted Democratic political consultant Garry South on Monday, "[Speaker Nancy] Pelosi has only a tiny majority, and to take away another of her caucus for 4-5 months until a special election would be foolhardy."

One leading candidate according to the rumor mill is San Francisco City Attorney Dennis J. Herrera. Like Becerra, Herrera is Latino. But he would also satisfy many of the left wing of the Democratic Party who were critical of Becerra's handling of police use of force cases and other issues.

Another popular name is Newsom's chief of staff, Ann M. O'Leary, who is an active member of the California Bar. However, Newsom may soon have to replace O'Leary for another reason: according to sources speaking on background, she is also being strongly considered for a role in the Biden administration.

Former California Senate President Pro Tem Darrell S. Steinberg is among the people who met with Brown when he chose Becerra. He recently won a second term as mayor of Sacramento. A campaign contact for Steinberg did not return a call seeking comment.

Several members of the California Legislature have seen their names come up. Speculation has largely focused on Assemblyman. Rob Bonta, D-Alameda, who is Asian American, Assemblywoman Lorena Gonzalez, D-San Diego, who is Latina, and Sen. Scott Wiener, D-San Francisco, who is openly gay.

Newsom could also choose from among the crop of so-called progressive prosecutors around the state. The most frequently raised name in this group has been Contra Costa County District Attorney Diana Becton, who is Black.

Events in Washington could also see Newsom naming at least one more member of the California Supreme Court. Justice Leondra R. Kruger has been a popular name for months as a potential solicitor general under Biden, or a U.S. Supreme Court Justice.

Justice Goodwin H. Lui is the member of the court whose name has been most frequently raised as a potential attorney general. The U.S. Senate voted down President Barack Obama's nomination of Lui to the 9th U.S. Circuit Court of Appeals in 2011.

If Newsom opts to name a caretaker who won't run for another term, he'll also have plenty of choices. Two former lawmakers whose names have come up are Martha M. Escutia, who represented East Los Angeles in the Assembly and Senate from 1992 to 2006, and Hannah-Beth Jackson of Santa Barbara, who just termed out after over six years as chair of the Senate Judiciary Committee.

For the moment, though, Becerra still appears focused on his battles with Trump's government. On Monday morning, his office put out a news release condemning the Environmental Protection Agency's decision to not strengthen air quality standards.