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