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San Bernardino County District Attorney Mike Ramos, up for re-election in June, is now under fire by his opponent San Bernardino County Deputy District Attorney Grover Merritt for drafting a letter of recommendation that resulted in the county awarding a lucrative $20 million, three-year, indigent defense contract to Earl Carter’s Inland Defenders law firm. Merritt, on Wednesday, issued a press release calling for Attorney General Kamala Harris to appoint a special prosecutor to investigate Ramos’ actions.
On official letterhead, Ramos endorsed Carter and his firm for the contract to the county’s indigent criminal defense conflict panel, stating “…we have the highest caseloads in the state and these attorneys (from Carter’s firm) are not afraid of hard work… they are tough, yet fair and ethical advocates…” Ramos concluded in his letter of recommendation that he would “recommend East Valley Defenders and North Desert Defenders for any county that wants to be efficient in the area of criminal caseloads.”
Carter is one of Ramos’ largest campaign contributors, donating $124,600 over the last ten years. His most recent donation occurred this past February in the amount of $4,100, merely weeks before receiving the contract from the county.
“District Attorney Ramos rewarded his financial patron by providing Carter with a written letter of recommendation, which he submitted to the county’s indigent defense contract competition panel. This panel was charged with making a recommendation to the Board of Supervisors concerning which law firm or group should get the lucrative contract for these services,” stated Merritt. “Many attorneys are questioning the propriety of a District Attorney recommending any criminal defense lawyer for such a contract in the first instance — let alone one with a squalid criminal past, and especially given the large bankroll Carter has gifted Ramos’s campaign.”
Carter was arrested at Fairmount Park by Riverside Police in 1986 for lewd conduct inside a public restroom. Carter never reported his moral turpitude-related arrest and conviction to the State Bar of California, which is required by law. Neither did he report it on his 2013 county bid application.
“Here are the facts of the situation,” Merritt stated in his press release. “Attorney Earl Carter pled guilty and was convicted of lewd conduct (Penal Code Section 647a) in a public restroom at Fairmount Park in Riverside. Subsequently, Mr. Carter became one of District Attorney Michael A. Ramos’ largest campaign donors.”
Ramos issued a statement in response: “The D.A.’s office works well with all elements of the law and justice community. Every day the office works hand-and-hand with private counsel and the public defender’s office as they seek justice for crime victims.”
According to Ralph Rossum, Salvatori Professor of Constitutional Law at Claremont McKenna College, it is unorthodox for a district attorney to make a recommendation on behalf of a law firm under any circumstance. Ramos’ failure to disclose that the firm he recommended is run by a person who has been convicted of lewd conduct who also happens to be his major campaign contributor “stinks to high heaven.”
“Ramos looks like someone who should have legal representation himself,” Rossum continued. “There are ethical and conflict of interest issues that the State Bar of California should be interested in, as well as voters. The absence of due diligence on the county’s part doesn’t reflect well.”
There were three other firms that bid on the contract. Carter’s firm submitted the highest bid and was awarded the contract. Because the bid was submitted one day before the deadline, the other competing firms were not given the opportunity to revise their bids. Should any of the other groups have received the contract it would have saved taxpayers a substantial amount of money.
“Thanks to the District Attorney’s involvement, Mr. Carter’s group now enjoys a monopoly on providing indigent legal services in San Bernardino County,” said Merritt.
The veteran county prosecutor announced his bid to run against Ramos last September, promising to boost office morale, cut excessive spending and fight crime using the latest in technology. Merritt, 54 of Rancho Cucamonga, received the San Bernardino County Republican Party’s endorsement in March.
