First District Supervisor Bob Battin, the last Democrat to serve in that post until Lou Correa in 2005, was well before my time. But what I’ve learned about him today makes his conviction for misuse of county-paid staff seem like a relatively minor and inadvertant infraction.
Battin, an attorney who most recently lived in Capistrano Beach, died at 2 a.m. today at Hoag Hospital in Newport Beach. He was <strike>79</strike> 78. I got the news from his one-time fiance Rachel Perry, who touted his efforts to ban smoking in certain public places and his environmental activism.
As for his 1976 conviction - which ended his seven-year run as county supervisor - Perry said, “The Republicans were really after the Democrats at that time.” And the closer I look into the conviction, the more innocent it begins to look.
First, consider his punishment. Thirty days in jail, reduced to 21 days for good behavior. For 18 of those days, he was put on a work-furlough program - meaning he went to work, but returned to jail for evenings and weekends. A personal-injury and product-liability attorney, Battin was never suspended from the state bar.
Next, let’s look at the charges and the conviction. He faced seven charges related to the use of his county staff for his failed 1974 campaign for lieutenant governor. He was found not guilty on five of the charges and the jury was deadlocked on a sixth. According to The Register’s May 25, 1976 account of his conviction, those six charges all would have required proof of his willful intent to violate the law.
The single charge he was convicted on, misuse of county-paid staff, did not require intent, according to the Register. Following the verdict’s announcement, Deputy District Attorney Jack Ryan, whose boss was Republican DA Cecil Hicks, “said he was satisfied only in the sense that justice was done but said he felt only sympathy for Battin,” according to the Register account.
Perry’s explanation for what happened: Battin ran his lieutenant governor campaign from his law office near County Hall. His county staff did work on his campaign, but typically did so on their own time and off government premises - something common for officials from the White House down to La Palma City Hall.
“When he was off campaigning, his staff said, ‘Instead going over to his law office, let’s just do this here,’” according to Perry. “He didn’t even know about it. It ruined his political career. He was the last guy who should have been convicted.
“For a Democrat to make it in office then was a big deal,” she said.
Battin was standing for election to the state Senate when he was convicted. Although he went no further in elected politics, he remained active within the Democrat Party, had a successful law career, and was a gleeful fisherman and skier.
Perry remain close to him throughout his life.
“We ended up not getting married, but we remained friends for 40 years,” she said.
Bob was a super nice guy and I’m very sorry to hear of his death. I hadn’t seen him in a while and wondered where he’d been. He’ll be missed.
It’s ironic the D.A went after this guy so hard….Today’s D.A’s are often never held accountable for doing the same thing or worse..Look at D.A Scott Steiner…Refer to the O.C Weekly’s report on Steiner’s misdeeds….
Where was Chairman John Moorlach when Battin needed him? I bet he’d have loved to have had Moorlach giving him a pass for breaking the law like he did for his acting stooge Jack Anderson at the Sheriff’s Office. Same goes for the AG and DA’s office. Is it any wonder why we’re in the position we’re in today?
OC Watcher: I’d hardly call it ironic — more like purely partisan. Like the article says, Battin was the last Democratic supervisor until Correa got elected.
It’s been really good to hear such kind heartfelt words about Bob from his dear long-term friends after listening to a few warped comments and quips by a few acquaintances and relative strangers who lack Bob’s integrity and honor — those who “simply don’t like” somebody who is “different” or not a smiling two-faced phony as themselves. None of these individuals venture past their own myopic distorted view of the world to recognize greatness and they surely are incapable of discerning true honor and integrity as they lack a personal point of reference.
Some misunderstood Bob’s financial conservatism and wrongly considered him miserly however Bob was a Great Depression era survivor who simply aspired to have his “money work for him” instead of the converse. Each of his “dollars” represented nothing more than a tireless “soldier” as Bob described to me. He lived a modest lifestyle completely absent of material wealth display as he sought no misguided superficial attention or flattery. Bob never lavished himself with luxuries and was comfortable with a relic but still functional and presentable wardrobe. He drove a modest economy automobile and was satisfied with furnishings acquired as a younger man.
Make no mistake, Bob was not stingy when it came to helping a friend or even a stranger in distress. Bob loaned me $7,500, without hesitation or insistence for collateral after I suffered insolvency precipitated by foolish mismanagement of my personal and business affairs along with swindling by a few trusted business partners. Bob told me after I repaid him with interest that he had never expected repayment. Not once did Bob remind me of my outstanding obligation, despite my tardiness.
Outstanding and intelligent individuals with honor and integrity express the only opinions which truly matter and those few respectable individuals fortunate to know Bob as the man he was share a common fondness and respect for him.
Bob’s fine accomplishments during his public service career as Orange County Board of Supervisors chairman and member leave behind an enduring legacy for which he will be remembered. Fondly we can recall his tireless crusade to defend the downtrodden and abused victims of insurance company bad-faith practice during his post public service private law practice career.
Follows are few highlights of Bob’s public service contributions and his favorite aphorisms that embody his philosophies.
Notable Social and Political Contributions
Instrumental in bringing awareness and reform to fair property tax assessment for Californians.
Founded the first county consumer protection office in the State of California.
Created the Orange County Registration and Disclosure of Lobbyist Ordinance – an important safeguard against influence peddling and special interest corruption, a first at the state level.
Sponsored successful smoking ban ordinance protecting non-smokers’ rights for county controlled premises.
Co-founded The Orange County Transit District as an early effort to minimize pollution and traffic congestion.
Founded the Orange County Housing Authority to provide safe and sanitary housing relief for the aged, disabled and poor.
Single-handedly spearheaded the campaign for reopening the Salt Creek Beach area for public use and saved the Upper Newport Bay from land developers — a satisfying personal victory for an avid outdoorsman deeply concerned with the quality and preservation of our ecological systems.
Sponsored a law requiring the phase-out of deadly lead in gasoline products and forced the Southern California Edison Company utility to the California Supreme Court to enforce local air pollution control standards.
Personal Comment
When I was an amateur boxer at the University of Washington, a college newspaper editor dubbed me “Battling” Bob Battin for the caption above my photo announcing an upcoming fight. That nickname caught on with my Kappa Sigma fraternity brothers and has stuck with me to this day.
Very much I believe that strength and unwavering perseverance are essential components for all varieties of success. Such traits can be virtuous and personally rewarding when led by a struggle to pursue a just and right course. Each morning, I awake with anticipation for the opportunity to assist an abused and previously disadvantaged client move forward in realizing justice.
All the long hours of combat and toil are but fond memories after the bullies are put in their places and forced to do what is proper – yes, very satisfying indeed.
My philosophy of life may be found in the following aphorisms:
It is better to light one candle than to curse the darkness.
Whether you believe that you can accomplish something or not, you are probably right.
Blessed is he who has found his work, let him ask no other blessedness.
When you have financial success you not only look good but your jokes are funny and you can even sing well.
PS: I just want to add an addendum to my previous comment that Bob represented his private law practice insurance bad faith claims clients for a contingency fee, without demand for a retainer. Bob frequently subsidized his clients’ basic living expenses and covered emergencies to minimize their discomfort, even during protracted cases, despite suffering substantial losses from taking on weak cases and those for which his clients misrepresented the truth to him. I recall Bob taking very personally a case in which he trusted his client with full possession of the court awarded settlement by countersigning his entitlement portion of the settlement check and ultimately being defrauded of his entire earned legal fee despite investing substantial personal funds to assist with his client’s living expenses and emergencies along with general case expenses that included high service fees paid to professional reviewers and opinion providers.