Term Limit Suit to Decide Who's In and Who's Out

By NANCY HILL-HOLTZMAN

Sept. 21, 1997 12 AM PT

TIMES STAFF WRITER

State Sen. Herschel Rosenthal (D-Los Angeles) recently received an invitation he couldn’t refuse.

It was issued to state legislators, current and retired, by the federal appeals court panel that is reviewing the legality of California’s term limits law.

The court asked legislators, one and all, if they wanted to join those colleagues who had already filed suit claiming the term limit law is unconstitutional.

By joining the lawsuit, the legislators precluded defenders of term limits from arguing that a decision overturning them would apply only to the three named plaintiffs in the case.

Rosenthal decided to join the suit, ramifications of which are far-reaching, especially for those who would be forced to leave the Legislature next year.

If the law is tossed out by the court, a distinct possibility, 1998 could be a window of opportunity during which there are temporarily no term limits.

And such a ruling could turn the San Fernando Valley political scene upside down, with lawmakers both current and retired reemerging to make a grab for office.

Without term limits in place, the 79-year-old Rosenthal could run for a third term, a move he is contemplating. “I want to preserve my options,” Rosenthal said.

If Rosenthal runs again, he would be in at least a three-way Democratic primary for his 20th Senate District seat with Los Angeles City Councilman Richard Alarcon and former Assemblyman Richard Katz.

Most political experts see Alarcon as the beneficiary of a Rosenthal candidacy, both in terms of fund-raising and demographics.

Rosenthal and Katz, both Anglo and Jewish, would appeal to the same voters, and the Senate leadership, as is customary, would throw its financial help to incumbent Rosenthal.

“Alarcon would probably pay to have Rosenthal enter the race,” joked GOP consultant Allan Hoffenblum.

But Katz--probably the best known of the three in the district, said Democratic consultant Larry Levine--is conceding no ground.

While Rosenthal’s candidacy would “make it harder” to win, Katz said, “it’s still doable,” a sentiment shared by former Katz consultant Parke Skelton.

“If it’s a three-person race, I think Katz wins,” Skelton said.

Katz, one of the best-known politicians in the Valley, was termed out of the Assembly at the height of his power last year. He has money in the bank and a strong base from which to raise it--one reason he did not flinch and join the term limit lawsuit, which would have been seen as a sign of weakness for his Senate campaign.

Other local lawmakers also refused to join the lawsuit. Chief among the reasons for Democrats was that their own allotted time in office doesn’t expire until 2000 or beyond.

“I would have joined it,” said Assembly Speaker Pro Tem Sheila Kuehl (D-Santa Monica), “but I didn’t have to because my term doesn’t expire until 2000.”

The 1998 election cycle was also not a concern of Assembly members Bob Hertzberg (D-Sherman Oaks), Scott Wildman (D-Los Angeles), Jack Scott (D-Altadena), and Tony Cardenas (D-Sylmar), all of whom were elected for the first of their allotted three two-year terms in 1996.

Assemblyman Wally Knox (D-Los Angeles), while not termed out until 2000, had another concern--avoiding hypocrisy.

“I have taken a position in favor of some term limits,” Knox explained.

Despite their non-interest in the suit at this point, however, both Knox and Kuehl are looking ahead if term limits stay in place.

Both have expressed some interest in replacing 23rd District Sen. Tom Hayden (D-Los Angeles) if term limits are in effect in 2000 and Hayden gets termed out.

Another Assemblyman who might be looking to move up is Tom McClintock (R-Northridge), who would be in a natural position to take over the seat of Sen. Cathie Wright (R-Simi Valley) in 2000 if both are termed out, as they would be under current law.

If term limits are tossed, former Republican Assemblywoman Paula L. Boland, famous for her secession legislation, would also be a potential candidate for either the Assembly or Senate seat.

Neither Wright, Hayden nor newly elected Sens. William “Pete” Knight (R-Palmdale) or Adam Schiff (D-Burbank) joined the lawsuit.

In fact, none of the Valley Republicans accepted the invitation from the court. Only one Republican joined the suit to overturn term limits while 18 Democrats signed on.

When it comes to term limits, Republicans are in a tough position. Privately, many of them oppose term limits, or at least such short ones as are in place now, but prefer not to talk about it publicly because their supporters favor term limits.

Assemblyman George Runner (R-Lancaster) and McClintock said they did not join the lawsuit because they believe in abiding by the term limits set by voters.

But McClintock, who served in the Assembly in the ‘80s, ruefully acknowledged that in practice, term limits didn’t work as well as he had envisioned.

McClintock was referring to the slow start and chaotic year that resulted from having more than 30 new and inexperienced Assembly members in the lower house this year.

The court’s invitation to become a lawsuit plaintiff was triggered by a letter from lawyers for Secretary of State Bill Jones, a Republican who is defending the term limit law passed by California voters in 1990.

Jones’ letter contended that if the three-member appeals panel decided that the law is unconstitutional, the decision would only apply to the three present and former officeholders who initiated the lawsuit.

Former Valley Assemblywoman Barbara Friedman is one of the three.

Until Jones’ letter, it had been assumed that any decision would apply to all lawmakers serving now, along with those, like Friedman, who were “termed out” last year.

Disagreeing with Jones, the attorney seeking to overturn term limits, Joseph Remcho of San Francisco, says the decision would apply to all state legislators in any event.

After the court’s offer to join the suit, Republicans were generally advised not to do so.

With none of the Republicans joining the lawsuit, it would be politically difficult for Jones to argue next year that a fellow Republican in the Legislature who is termed out in 1998 couldn’t run for office, while Democrats who joined the suit could.

Jones is now hoping to get the U.S. Supreme Court to intervene--even before the impending ruling. It is a longshot.

Even if term limits are thrown out later this fall and the decision stands up to higher court review, most political experts expect another term limit law to be substituted by 2000.

That could happen as early as 1998, either by a voter initiated ballot measure or a measure placed on the ballot by the state Legislature--if its members could agree on the terms. That’s a pretty big if at this point, political experts say.

The benefit of that for legislators is they could modify somewhat the length of the terms, which most, whether they will admit it publicly or not, see as too brief to get enough experience to be top-flight lawmakers.

If nothing comes from the legislators, a distinct possibility because a two-thirds vote is required, then a voter initiative drive could be mounted.

“I think there could be a voter backlash,” GOP consultant Hoffenblum said. “You could have even more draconian term limits on the ballot.”

Meanwhile, those for whom the witching hour is 1998 may get a reprieve.

And that reprieve could affect not only the Valley’s 20th District race, but the leadership of the Legislature into the millennium.

In addition to Rosenthal, the two most powerful state legislators, Senate President Pro Tem Bill Lockyer (D-Hayward) and Assembly Speaker Cruz Bustamante (D-Fresno), are among the group hoping term limits will fall and they can run in 1998.

(BEGIN TEXT OF INFOBOX / INFOGRAPHIC)

WHEN TERMS EXPIRE FOR VALLEY AREA LEGISLATORS

When terms expire for Valley area legislators.

1998

Sen. Herschel Rosenthal (D-Los Angeles), 20th Senate District.

****

2000

Sen. Tom Hayden (D-Los Angeles), 23rd Senate District

Sen. Cathie Wright (R-Simi Valley), 19th Senate District

Assemblyman Wally Knox (D-Los Angeles), 42nd Assembly District

Assemblywoman Sheila Kuehl (D-Santa Monica), 41st Assembly District

Assemblyman Tom McClintock (R-Northridge), 38th Assembly District