Pubdate: Wed, 03 Jun 1998 Source: San Francisco Examiner Contact: http://www.examiner.com Author: Vicki Haddock Of The Examiner Staff REAL CHOICE ON ISSUES IN ATTORNEY GENERAL RACE Sharp differences on gun control, abortion, tobacco, marijuana divide 7F Stirling, Lockyer The fall contest for state attorney general -- California's top lawyer -- will be a showdown between two politicos with dramatic differences on gun control, medical marijuana, abortion, tobacco liability and even the essence of the job itself. Republican nominee Dave Stirling of Walnut Grove, whose biggest claim to fame is that of lightning-rod deputy to outgoing Attorney General Dan Lungren, has been a private lawyer, legislator and judge. Popular with party activists but not with California prosecutors, Stirling plans to seize the job's bully pulpit to extol "family values." Democratic nominee Bill Lockyer of Hayward, forced out by term limits as president of the state Senate, is a night-school graduate of the McGeorge Law School who has never tried a jury case. Nonetheless, he is regarded as one of the Capitol's most seasoned and savvy legislators, crafting detailed bills to overhaul the criminal and civil justice systems. Lockyer vows to fortify the role of the attorney general's office in consumer and environmental protection. Both candidates favor the death penalty and talk tough on violent crime. Although the attorney general has been dubbed the state's "top cop," county district attorneys actually handle most criminal cases. The attorney general's office picks up criminal appeals, including death penalty cases, offers investigative backup to police, acts as the lawyer for state agencies and decides which cases of corporate misbehavior, civil rights violations and environmental damage it will tackle on behalf of California residents. The office has an annual budget of $400E8million and employs nearly 5,000 people. It also has a legacy of luring politicians with yet loftier ambitions. Earl Warren, Pat Brown and George Deukmejian were former state attorneys general who stepped up to become governor -- a feat Lungren hopes to duplicate. Impressive Candidate Pool The attorney general's race attracted perhaps the most impressive array of candidates for any state constitutional office. The man who lost Tuesday's GOP primary to Stirling, Orange County District Attorney Michael Capizzi, is a tough career prosecutor who was endorsed by 51 of California's 58 county district attorneys. On the Democratic side, Lockyer's opponents included fellow state Sen. Charles Calderon, who followed him as chairman of the Senate Judiciary Committee, and Lynn Schenk, a former congresswoman, deputy state attorney general and private counsel. Both men defeated their nearest challengers by about a 2-1 margin. Three of the state's four attorneys general elected since 1970 have been Republicans, but Lockyer is an adroit fund-raiser expected to outspend Stirling. Much of his money comes from traditional Democratic sources: trial lawyers and labor unions. Stirling's major financial backers are American Indian tribes operating casinos in California without government approval. Minimalist View Of Job Stirling's view of the job has been described as minimalist. He opposed suing the tobacco industry over smoking costs, arguing that individuals should be responsible for their own decisions to smoke. He also opposed pursuing a false advertising case involving the size of computer screens, suggesting that local district attorneys dispose of the case without a monetary settlement (they obtained one anyway). And when a state appeals court affirmed the conviction of a man who possessed an assault weapon, Stirling -- an opponent of gun control -- asked the state Supreme Court to rule that the specific gun involved was not technically covered by the ban. Stirling favors restricting abortions after the first 45 days of pregnancy and fought against Proposition 215, the initiative legalizing marijuana for medicinal purposes. Lockyer opposes any abortion restrictions, supports medicinal marijuana and has repeatedly voted for stronger gun control laws. Over the years, Lockyer has taken heat for casting votes favoring industries that contributed to his campaigns, including $184,000 from the tobacco industry. One of Lockyer's legendary last-minute compromises exempted cigarette companies from some lawsuits over smoking-related illnesses -- an exemption the Legislature later repealed. But as anti-smoking sentiment mounted, Lockyer reversed himself on tobacco issues and last year blocked legislation that would have allowed smokers to keep lighting up in California bars. 1998 San Francisco Examiner - ---