Nancy O'Malley Voted In As Interim Alameda DA, But Not Overwhelmingly

The Alameda County Board of Supervisors appointed Nancy O’Malley as interim district attorney to replace retiring DA Tom Orloff, after hearing several hours of impassioned testimony this afternoon.

“If the highest court in the nation can appoint the first Latina woman, then why can’t we appoint a woman to district attorney of Alameda County?” said Supervisor Scott Haggerty.

Supervisors Nate Miley and Keith Carson abstained from the vote on O’Malley but had vehemently opposed making the decision today. “To the public it stinks,” Miley said, eliciting some applause. “It looks like the fix is in.”

Thoughts from some lawyers in the DA's office, and from a potential opponent in next year's election, after the jump ...

Miley suggested Orloff could wait another nine months to retire, or the supervisors could leave the office vacant, or they could appoint a caretaker who doesn’t plan to run for the position.

A parade of prosecutors and investigators from the district attorney’s office emphatically supported O’Malley, along with a number of victims’ rights group. Meanwhile local citizens, including Oakland City Councilwoman Desley Brooks, stressed the importance of process and questioned the fairness of appointing someone who is interested in running for the top cop job.

“The district attorney’s position is an extremely important position,” Brooks said. “To make an appointment absent of process doesn’t seem right.”

Speaking on her own behalf, O’Malley spoke about her credentials and said she and Orloff are both “hard-working, committed professionals,” and “exactly what you need in a district attorney.” She added that the two other living former district attorneys besides Orloff – Lowell Jensen and Jack Meehan – supported her appointment, as well as every chief of police in the county and the sheriff.

Supervisor Carson, who like Miley is African-American, said he’d heard from many constituents who were concerned about the idea of appointing Orloff’s recommended successor to fill the position for nine months before the election. “I think that the way that public protection and law enforcement may be viewed by some people of color may be viewed differently than by others in society,” he said.

At least 10 lawyers and investigators from the DA’s office lined up to tell the supervisors about the importance of a seamless transition as well as their personal respect and admiration for O’Malley and her statewide leadership on issues such as domestic violence. “She is the hardest-working person I know,” said Kim Hunter, who added that she’s worked in the office 23 years. Christopher Lamiero, the prosecutor on high-profile cases such as the murder of journalist Chauncey Bailey, spoke about the value of continuity on such cases.

People from the office also stressed the supervisors’ historic opportunity to appoint the county’s first female DA, and the tradition in the department of successors coming from the inside.

Miley upbraided the lawyers for saying their support for O’Malley was apolitical. “One week notice is not necessarily fair or due process,” he said. “For all you attorneys to be here and say it’s fair, I think you’re grossly mistaken.”

Reached by phone shortly after the meeting, San Francisco Chief Assistant DA Russell Giuntini, another possible contender for the elected spot, echoed that sentiment: "As a lifelong resident of Alameda County and a taxpayer, I think this decision is backdoor government." He added that the position "shouldn't be bequeathed to anybody like a piece of personal property." As for his own plans, he said he was going to reflect on what the board did, talk to his closest friends and advisers, and then decide.

—  Kate Moser

Comments

[PublicRecordsGuy]

“If the highest court in the nation can appoint the first Latina woman, then why can’t we appoint a woman to district attorney of Alameda County?” said Supervisor Scott Haggerty.

Um, the highest court didn't appoint the first Latina woman, President Obama did, and the Senate confirmed her. The highest court had absolutely NO SAY.

[Victoria DeBray]

Nate Miley's comments sound like "sour grapes" and racism because a white woman was nominated instead of a black man for the job. Perhaps he should get to know Nancy O'Malley and see the outstanding work she has done to fight against child molesting and put those damage people who hurt innocent children in jail where they belong.

[Mark]

I have worked with Nancy O'Malley on and off for 15 years... she is committed to:

Giving second chances to those previously convicted of crime

Justice for crime victims

Preventing family violence and serving those affected by it

Social justice

Committed to working on good laws and great enforcement in both Alameda County and throughout the state

She is smart, hard-working, likeable, and the best person for the job! Glad the board made the appointment... and she has my vote next summer!

[John Cocktoastin]

Why didn't Carson and Miley be just as transparent as they want the County to be and say "We don't want a white person, female or not, as the DA.

[John Walters]

Nancy O'Malley is a lying political schemer, and Kim Hunter for example certainly knows that.

Witness the way she engineered the hiring of Bill Lockyer's wife Nadia as head of the Alameda County Family Justice Center. She had to make it look objective, becuase Federal and State law do not allow an Attorney General to order his wife be hired, so she had two committees to pick the person, but she stacked the committees with people subordinate to herself, DA staff.

Also, both Lockyer and O'Malley lied when they put out press releases falsely claiming ACFJC had helped 20,00 victims of domestic violence. The true number was less than 1/6th of that, as given in their reports to the Feds who fund them. Liars and schemers both, peas in a pod.