# Todd Spitzer

Todd Spitzer (born November 26, 1960) is an American attorney and politician serving as the district attorney of Orange County, California. Spitzer successfully ran for Orange County district attorney in 2018 against incumbent Tony Rackauckas. Spitzer had previously served as a deputy district attorney from 1990 to 1996 and, under Rackauckas, as assistant district attorney from 2008 to 2010.
Todd Spitzer is one of Orange County's longest serving elected officials, having held elective office for more than thirty years and has never lost an election.
Spitzer was previously an Orange County supervisor from 1997 to 2002 and again from 2012 to 2018. When he was elected to the Board of Supervisors in the first election cycle after the 1994 Orange County Bankruptcy his main charge was to lead the County to financial recover and is credited for doing so.
He was also a member of the California State Assembly from 2002 to 2006, serving three terms representing California's 71st assembly district. As an assemblyman, he co-wrote California's Megan's Law. He also served as spokesman and campaign manager for the successful campaign to pass Marsy's Law in a 2008 initiative.
Spitzer was the Orange County Chairman of Proposition 36, the 2024 initiative to reverse Proposition 47 and return public safety to California residents for drug users, Fetanyl pushers and repeat shoplifters. While the measure passed statewide with 60% of the vote, in Orange County it carried nearly 70% because of Spitzer's leadership and strong voice.

## Early life and education

Todd Spitzer was born on November 26, 1960, in Whittier, California, to Phyllis Ann (née Kirschenbaum) and Leonard Spitzer. He has a sister, Susan, who also went on to be an attorney. Todd played leading roles in the Schurr High School department of performance arts' productions of the musicals Hello, Dolly! (1975) and Li'l Abner (1976).
Spitzer attended the University of California, Los Angeles, graduating with a bachelor's degree in 1982. He then completed a fellowship at the California State Senate. In 1984–85, Spitzer worked as an English teacher at Theodore Roosevelt High School in the Los Angeles Unified School District. He graduated in 1989 with a master's degree in public policy from the University of California, Berkeley, and a Juris Doctor from the University of California, Hastings College of the Law. While at Hastings, Spitzer was awarded the George Moscone Fellowship, given to law students dedicating their careers to public service.

## Career
### Early career

Spitzer joined the Orange County District Attorney's office in 1990 as deputy district attorney. He has prosecuted felonies including attempted murder, attempted rape, kidnapping, robbery, extortion, and reckless driving causing serious bodily injury. Spitzer has tried about 100 jury trials to verdict. He served in the position until 1996.
From 1990 to 2000, Spitzer also served as a volunteer reserve police officer in the Los Angeles Police Department. Spitzer's first elected office was as a trustee to the Brea Olinda School Board in 1992. Serving in the position until 1996, he investigated a grading scandal at Brea Olinda High School involving a former registrar changing students' grades to enhance their chances of getting into college.

### Orange County Board of Supervisors

In 1996, Spitzer ran against Assemblyman Mickey Conroy in a heated election for the 3rd supervisorial district seat on the Orange County Board of Supervisors. Described by Los Angeles Times as "a decided underdog", Spitzer came in second in the March 1996 primary among seven candidates, leading to a general election between him and Conroy. Spitzer won the general election and was sworn-in in January 1997.
While serving on the board, he successfully opposed the conversion of the Marine Corps Air Station El Toro into an international airport and instead advocated for a "Millennium Plan" for a mixed-use commercial and residential development for the 4,700-acre (1,900-hectare) property. Spitzer also advocated for the immediate release of a map of registered sex offenders living in Orange County.

### California State Assembly

In 2002, Spitzer ran for a seat in the California State Assembly to represent the 71st assembly district. He was challenged by the Democratic candidate Bea Foster, a teacher from Santa Ana. After defeating Foster in the election, Spitzer was sworn into the State Assembly on December 2, 2002.
As an assemblyman, Spitzer served on the judiciary and public safety committees and was a proponent for stronger legislation against sex offenders. In April 2004, he co-wrote Megan's Law for tougher penalties for people convicted of sex offenses and co-wrote legislation to publish the registered sex offenders database on the Internet.
Spitzer was re-elected to the State Assembly in November 2004, defeating Bea Foster again with a vote margin of 69.1% to 30.9%. In 2006, Spitzer served as co-chair of the High Risk Sex Offender Task Force, formed by Governor Arnold Schwarzenegger to review the law vcs governing the monitoring of high risk sex offenders living in California. He also advocated for the passage of Proposition 83, a law against sexual predators based on Jessica's Law. He also helped write Marsy's Law, an amendment to the state's constitution to expand the legal rights of victims of crime which was passed in 2008. He served as spokesperson and campaign manager for the initiative to pass the amendment. Spitzer later served as legal affairs director of Marsy's Law for All, an organization representing victims of crime.

### Return to Orange County District Attorney's office

A June 2004 Los Angeles Times article described a "long-simmering feud between Orange County [District Attorney] Tony Rackauckas and [...] Spitzer." In October 2004, Spitzer accused Rackauckas of "[poisoning] trust in local law enforcement". According to OC Weekly, in 2004, Spitzer was not only running for re-election to the State Assembly, he was privately seeking advice, support, and building a campaign to challenge Rackauckas in 2006. Spitzer eventually decided not to run and instead reached an agreement with Rackauckas to become a prosecutor and run in the 2014 election with Rackauckas's blessing.
In 2008, Rackauckas appointed Spitzer as assistant district attorney. As a prosecutor in Orange County, Spitzer handled criminal matters and supervised line prosecutors. He was fired two years later in 2010. Rackauckas said that he fired Spitzer for inappropriate behavior in the workplace and intimidating other workers. Spitzer was inquiring for information from the Orange County Public Administrator and Public Guardian, John Williams, at the behest of a domestic violence victim. According to the news website Voice of OC, the fact that Rackauckas's fiancée, Peggy Buff, was Williams's deputy further fueled the controversy. By this point, Spitzer had also indicated his intention to run in the 2014 District Attorney election but Rackauckas announced that he planned "to run for another term in 2014 to stop [him]". Spitzer returned to private practice and prepared to run for a Board of Supervisors seat in 2012.

### Re-election to the Orange County Board of Supervisors

In June 2012, Spitzer beat Deborah Pauly, a fellow Republican, to again become a member of the Orange County Board of Supervisors, serving the same 3rd supervisorial district he had represented from 1997 to 2002.
During this period of time in his career, the Rackauckas supporters and political old guard in Orange County prepared for Spitzer's future challenge to District Attorney Rackauckas despite his known incompetence and "win at all cost" mentality that would result in a full blow investigation in to Rackauckas' misconduct by the United States Department of Justice. Every action by Spitzer was scrutinized by Rackauckas for his political gain against Spitzer.
By early 2015, Spitzer had become chairman of the Orange County Board of Supervisors. In April 2015, Spitzer, a retired Los Angeles Police Department Level 1 Reserve Police Officer for ten years, defended himself and restaurant patrons from a man who was behaving aggressively towards him and patrons and was called a hero by the owners of Wahoos, Wing Lam and his brother Ed Lee. Spitzer called 911 at the Wahoo's Fish Taco restaurant in Foothill Ranch, California. The man was questioned about the incident by Orange County Sheriff's Department deputies. At the time, Spitzer lawfully had with him his handgun and a valid permit to carry a concealed weapon. When news of the incident was reported six months later by political opponents gearing up for a campaign against Spitzer in the press in September 2015, Orange County Sheriff Sandra Hutchens thoroughly reviewed the case and officially stated that she did not "think [Spitzer] did anything wrong … He perceived a threat. He acted upon that … It was resolved; nobody got injured, and it was over." In August 2017, a local blog sued for documents which the County's County Counsel believed were privileged documents. Orange County covered the legal fees to avoid prolonged litigation.
In September 2017, Christine Richters, a former aide to Spitzer, also sued the County for the County's responsibility to properly calculate and pay over-time based on her job classification.The county reached to an agreement with Richters for earned overtime over the period of multiple years which was approved by a unanimous vote of the Board of Supervisors including Spitzer.

### Orange County District Attorney

Spitzer challenged Rackauckas in the 2018 Orange County District Attorney election. The first round was held in June 2018 with Spitzer receiving 35% of the vote to Rackauckas's 38%, leading to a second round. On November 6, 2018, Spitzer received 53.2% of the vote to win against the incumbent. Replacing Rackauckas who had held the position since 1999, Spitzer became the county's first new district attorney in 20 years when he was sworn in on January 7, 2019.
Spitzer ran on a platform to clean up the Rackauckas era scandals, including the unlawful use of utilizing jail house informants to gain convictions. Spitzer inherited a United States Department of Justice Civil Rights Division investigation against Rackauckas which began in 2016. In December of 2024, Spitzer settled that threat of litigation with the USDOJ and was commended by Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division who said in a statement: “We commend the District Attorney [Spitzer] and his staff for initiating corrective action at OCDA to comply with constitutional requirements. The District Attorney’s proactive efforts, together with today’s agreement, will not only protect the constitutional rights of individual defendants; they will also help restore the public’s confidence in the fundamental fairness of the criminal justice system in Orange County.” Spitzer went on to say: “I am incredibly proud of the work that we as a team have done over the last six years to implement the positive, sustained reforms necessary to prevent the sins of the past administration. This work is a clear reflection on our continuing dedication to the just, honest, and ethical administration of the law. I am grateful for the partnership of the U.S. Department of Justice and its recognition of our unrelenting proactive approach to addressing these issues and safeguarding against violations of the United States Constitution. The rule of law must be followed without exception,” Spitzer added. “Without it there can be no trust and there can be no justice. Today marks a significant achievement in restoring the public trust.”
One of Rackauckas' former homicide prosecutors, whom Spitzer firedfor being untruthful and hiding evidence, was found by the California Superior Court to have engaged in prosecutorial misconduct and being untruthful under oath. The Court dismissed the Special Circumstances charge while allowing Spitzer, as the current District Attorney, to re-try the defendant for murder. The Court held that Spitzer and his assigned prosecutor was highly cooperative and ethical during these review proceedings. Spitzer commented: “The judge chose the appropriate remedy because of outrageous governmental conduct on the part of Ebrahim Baytieh,” Spitzer said. “The court specifically found he was not truthful under oath. I fired him because he lied to the (U.S.) Department of Justice and he was untrustworthy as a prosecutor.”
As District Attorney, Spitzer has criticized the moratorium on the death penalty in California, ordered by Governor Gavin Newsom in March 2019. Spitzer has put public pressure on Newsom to rescind the order, holding press conferences with the families of murder victims whose convicted murderers are serving time on death row. In 2020, he was one of the several county district attorneys that prosecuted Joseph James DeAngelo (also known as the Golden State Killer) who pleaded guilty and was sentenced to life in prison without parole. During the sentencing hearing on August 21, Spitzer told DeAngelo he would have liked to see him executed but agreed to a plea deal after meeting with the victims and their families, and considering "the age of the case." Spitzer added addressing the victims, "We knew how long [the case] took to solve. And we knew that this was the right thing to do – so you could all be here today in your lifetime."
During his 2018 campaign for District Attorney, Spitzer had criticized his predecessor's genetic surveillance program, whereby the county uses minor offenses to collect and expand its own DNA database, saying that the program can possibly be abused. When he became District Attorney in January 2019, Spitzer reviewed the program and authorized its continuation. The local database has over 200,000 voluntarily given DNA samples and has been used to solve many other serious and violent felonies that would have most likely gone unsolved. A lawsuit filed against the program was dismissed in June 2021 by Judge William D. Claster of the Orange County Superior Court.
District Attorney Todd Spitzer continues to be the leading national spokesperson about Chilean nationals burglaries and has been working with the FBI and Congress to get the Secretary of State and Secretary of Homeland Security to end the ESTA Visa program with the Country of Chile for its failure to conduct criminal background checks before allowing Chileans into the United States. As a result, thousands of Americans have had their homes burglarized and professional athletes have been specifically targeted because of their wealth.

## Personal life

In mid 2009, Spitzer, whose mother had died the year before from colon cancer, was himself diagnosed with laryngeal cancer. He underwent successful radiation therapy treatment at the UC Irvine Medical Center and has said that he "never missed a day of work."
Spitzer is married to Jamie Morris Spitzer who serves as Associate Chief Judge at the Workers' Compensation Appeals Board. They have a son and a daughter.

## Awards and recognition

As deputy district attorney of Orange County, Spitzer developed an interest in victims' rights. Spitzer was voted Outstanding Prosecutor by the Orange County District Attorney's office in 1994 and the local chapter of Mothers Against Drunk Driving honored him with its Outstanding Prosecutor Award in 1996.
Spitzer serves as an honorary board member of the Doris Tate Crime Victims Bureau (renamed Crime Victims Action Alliance) and as a board member of Crime Survivors, Inc., and the Orange County's Trauma Intervention Program (TIP). He also served as a member of the Orange County Bar Association Administration of Justice Committee. He was on the advisory board for the Orange County Council of the Boy Scouts of America, along with California assemblyman James Silva, and former assembly member Van Tran. In 2003, he received that organization's Visionary Award, given annually to a person who exemplifies the attributes of the Scout Oath and Law, and who has demonstrated leadership and philanthropy in the Hispanic and Latino communities. Mothers Against Drunk Drivers, Southern California, has honored Spitzer as one of its California Advisory Board Members.
In 2007, Spitzer was inducted into the Schurr High School Hall of Fame.

## Electoral history
### Orange County, California District Attorney

Orange County, California District Attorney election, 2018 :
| Party | Party | Candidate | Votes | % |
| | Republican | Tony Rackauckas (incumbent) | 209,148 | 38.5% |
| | Republican | Todd Spitzer | 191,346 | 35.2% |
| | Democratic | Brett Murdock | 121,818 | 22.4% |
| | Democratic | Lenore Albert-Sheridan | 20,890 | 3.8% |
| Total votes | Total votes | Total votes | 543,202 | 100.0% |
Orange County, California District Attorney election runoff, 2018 :
| Party | Party | Candidate | Votes | % |
| | Republican | Todd Spitzer | 484,830 | 53.2% |
| | Republican | Tony Rackauckas (incumbent) | 425,764 | 46.8% |
| Total votes | Total votes | Total votes | 910,594 | 100.0% |
2022 Orange County, California District Attorney election :
| Party | Party | Candidate | Votes | % |
| | Republican | Todd Spitzer (incumbent) | 352,415 | 62.5% |
| | Democratic | Pete Hardin | 119,886 | 21.3% |
| | No party preference | Bryan Chehock | 46,425 | 8.2% |
| | Republican | Michael A. Jacobs | 45,190 | 8.0% |
| Total votes | Total votes | Total votes | 563,916 | 100.0% |