No TRO for prosecutors suing Los Angeles DA over hiring

LOS ANGELES -- A superior court judge on Friday denied Los Angeles County prosecutors' request for a temporary restraining order barring DA George Gascón from hiring or appointing public defenders or unqualified attorneys for prosecutorial roles.

Los Angeles County Judge Mary H. Strobel instead issued an order to show cause on the Association of Deputy District Attorneys for Los Angeles' preliminary injunction motion, which is to be heard Nov. 10.

"The court does have some concerns over enforceability," Strobel said during a virtual hearing Friday. "Saying 'no one that is unqualified' begs the question of what does 'qualified' mean."

Strobel said if she were to grant a remedy it would have to be clear and enforceable, which was not the case for the temporary restraining order writ.

Strobel did find the deputy DAs had some arguments that point to success on the merits of their claim, even though she did not characterize it as an overwhelming showing. Association of Deputy District Attorneys for Los Angeles County v. George Gascón et al., 21STCP03412 (L.A. Super. Ct., filed Oct. 13, 2021).

The deputy district attorneys alleged in a lawsuit filed Wednesday that Gascón is bypassing the lists of eligible deputy district attorneys for promotion and appointing former public defenders, who are also political supporters, to high ranking prosecutor positions, although they are not qualified under the civil service rules.

According to the association, prosecutors have filed 11 appeals regarding these promotions with the county's Civil Service Commission.

Geoffrey S. Sheldon of Liebert Cassidy Whitmore, representing Gascón, contested the allegations in court, saying, "This entire matter concerns interpretation of the county's civil service rules."

Sheldon said the matter should be litigated before the Civil Service Commission and if it is not resolved after a commission ruling, there are protocols that allow a court challenge. He also said that each of the public defender transfers in question had been evaluated by the county's Department of Human Resources, which found they comply with civil service rules.

The plaintiffs' attorney, Elizabeth J. Gibbons of Gibbons Firm PC countered: "The department's position is that these are interdepartmental transfers. They are clearly not valid interdepartmental transfers because there are different classifications." She argued that the county classifies public defenders and district attorneys separately and under civil service rules for an attorney to advance or be promoted within either office they must have experience in that office.

The association wants the court to maintain the status quo until litigation and all related appeals to the commission are complete.

The Association of Deputy District Attorneys also sued Gascón last year over his policy directives against charging enhancements that lengthen sentences. In February a Los Angeles County judge ruled in favor of the association.

The lawsuit is pending before the 2nd District Court of Appeal. Association of Deputy District Attorneys v. George Gascón, 20STCP04250 (L.A. Super. Ct., filed Dec. 30, 2020).