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FAZIO ENDS DOUBTS ON DA SPENDING CAP DA candidate Bill Fazio may have rendered moot the debate over whether spending limits in the DA’s race should be reinstated. Fazio notified the city’s Ethics Commission Thursday that his campaign has raised more than $211,000, the spending cap for the Nov. 4 district attorney election. Under the law, once a candidate who has declined to accept a voluntary cap on spending raises or spends in excess of the cap, it is lifted for all candidates. Lawyers for DA Terence Hallinan and candidate Kamala Harris agreed that Fazio’s action ends any dispute about whether the caps will remain in effect for the duration of the campaign. The Ethics Commission announced last month that Harris’ spending and fund raising meant limits were lifted, but Hallinan had challenged the decision in court. In January, Harris signed a pledge to abide by the spending limits, but submitted another form rejecting them in September after the city’s campaign finance law was amended. Harris agreed Oct. 3 to $34,000 in penalties for filing some forms late. Hallinan contends the Ethics Commission should not have allowed Harris to change her mind. He and Supervisor Matt Gonzalez, a mayoral candidate, asked a San Francisco Superior Court judge to order the commission to hit Harris with heftier fines for breaking her pledge and to re-impose the spending limits in the DA’s race. Now that Fazio has filed papers indicating he’s exceeding the cap, there should be no debate that the limits are legally lifted, said James Sutton of San Francisco’s Sutton & Partners, who represents Harris’ campaign. He assumes Hallinan’s request to re-impose the limits would be moot, though he’s not sure about the question of penalties, he said. Benjamin Rosenfeld, a lawyer for Hallinan and Gonzalez, said the DA could still argue that Harris should have to pay more fines. — Pam Smith BASF TAPS OFFICERS AND NEW DIRECTORS The Bar Association of San Francisco has named eight lawyers to sit on its board of directors for two-year terms that start in December, and four more to fill its officers’ seats for 2004. Under the bar association’s by-laws, this year’s president-elect, Keker & Van Nest partner Jon Streeter, will take on the president’s role at the annual meeting Dec. 4, said Joan Firestone, the association’s board liaison and director of special projects. The other officers include Lieff Cabraser Heimann & Bernstein partner James Finberg, who will become president-elect; Shook, Hardy & Bacon partner Joan Haratani as treasurer; and Nanci Clarence of Clarence Snell & Dyer as secretary. New directors joining the 23-member board include Mary Alexander of Mary Alexander & Associates; Andrew Giacomini, managing partner at Hanson, Bridgett, Marcus, Vlahos & Rudy; Edward Goines, general counsel for the San Francisco 49ers; Steven Kaufhold, a partner at Akin Gump Strauss Hauer & Feld; Katrina Lee, an associate at Nossaman Guthner Knox & Elliott; and James Strother, deputy general counsel at Wells Fargo & Co. Current directors Garrett Wong, senior counsel for the legal department of SBC West, and Jill Dessalines, assistant general counsel at McKesson Corp., who are now serving partial terms, will serve for another two years. An association committee nominated the officers and directors in September. Those picks became final when no other members petitioned to run for one of the seats by the deadline last week. — Pam Smith BROWN HEARING DATE SET BY U.S. SENATE California Supreme Court Justice Janice Rogers Brown will be off to the nation’s capital next week. The Senate Judiciary Committee has officially announced that Brown’s confirmation hearing for a seat on the D.C. Circuit U.S. Court of Appeals will be Wednesday. The conservative Brown — nominated by President Bush on July 28 — could face hostile questioning from Democrats on the panel. Several liberal groups, including the NAACP and the People for the American Way, actively oppose her nomination. — Mike McKee

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