The controversy over alleged anti-Semitism that was a major issue in incumbent Dist. Atty. Paul Pfingst's defeat last November by challenger Bonnie Dumanis is scheduled to be heard in a trial scheduled March 14.

However, attorneys for plaintiff Richard Sachs and defendants Pfingst and the County of San Diego have a conference scheduled Monday, Feb. 24, to see whether a settlement is possible to avoid the trial.

On Friday, Feb. 14, Superior Court Judge E. Mac Amos dismissed a motion made by Deputy County Counsel Bill Johnson that anti-Semitism not be permitted as a grounds in Sachs' suit contending that Pfingst for many years had denied him a promotion in the district attorney¹s office from the DA-3 level to DA-4.

Johnson had sought to limit the issue to be litigated to Sachs' original complaint— that he had been discriminated against on the grounds of a physical handicap, specifically a bladder problem that would make trial work difficult.

In the process of taking depositions from Sachs' colleagues, his attorney Robert Vaage heard allegations from Dep. Dist. Atty. Jim Atkins that Pfingst had been harassing Sachs since the mid-1980s about being Jewish. Pfingst denied the charge, noting that there were other Jews in the office with whom he worked well, and that his own grandfather was Jewish. But as the
controversy became known, other deputy district attorneys agreed in depositions and statements to the news media that there had been such harassment against Sachs.

After the election, Vaage won permission to amend the complaint in Sachs' behalf. There was an exchange of depositions, with Vaage taking one from Pfingst and Johnson taking one from Sachs. Johnson also subpoenaed testimony from Morris Causto, the regional director of the Anti-Defamation League, about what constitutes anti-Semitism.

Before Pfingst left office, he made a number of "midnight promotions." Most of the deputy district attorneys who were elevated in grade had been his supporters in the most recent election. But Sachs also was included on the promotion list.

Vaage said that if Sachs had received the promotion from DA-3 to DA-4 when he was entitled to it, his earnings would have been between $30,000 and $35,000 higher over the period in controversy. However, he said, the case also could involve "general damages" if a jury finds that Sachs was entitled to be compensated for suffering. Beyond that, there would be the award of
attorney costs and fees.

Since succeeding Pfingst, Dumanis, a former Superior Court judge, has remained mum about the case. As late as last Friday, her spokeswoman, Gail Stewart, declined to comment on a question from Heritage whether Dumanis was urging the county counsel's office to settle the case or was remaining neutral in the matter.

Johnson also declined to comment on what role, if any, Dumanis might be playing behind the scenes.

While the district attorney's office and the county counsel's office are separate, both are arms of the government of San Diego County.