Judges Hear Arguments Over O.C. Charter

A panel of three appellate judges heard arguments Monday over the constitutionality of a voter-approved Orange County charter amendment that led to last month’s election of Supervisor Bill Campbell.

If the court voids Measure V, it could trigger removal of Campbell, the runaway winner in a Jan. 28 special election. He replaced former 3rd District Supervisor Todd Spitzer, who proposed the amendment and who was elected in November to replace Campbell in the Assembly.

A Superior Court judge in January ruled the measure unconstitutional.

During an hourlong hearing Monday in Santa Ana, the appeals panel focused on the charter’s provision, which changed a single element of county governance: how vacancies on the Board of Supervisors are filled. Otherwise, the charter incorporates all other aspects of California general law.

Though none of the justices indicated Monday how they would rule within the next 90 days, Presiding Justice David Sills’ comments appeared sympathetic to the charter and voters’ approval of it.

Justice William F. Rylaarsdam chided attorney Michael N. Feuer for waiting until the measure was placed on the ballot to file a lawsuit. “This [challenge] could and probably should have been brought before it got to the ballot.... You and your client could have saved this county a lot of money if this would have been brought before the election.”

Last month, attorneys argued successfully before Superior Court Judge Andrew P. Banks that voters cannot approve “single-issue” charters.