Assembly race: Harsh words over tobacco, lawyer money Assembly race: Harsh words over tobacco, lawyer money (March 03, 2004)

By Rebecca Wallace

Almanac Staff Writer

Hit pieces and harsh words marked the waning days of the Democratic primary campaign for the state Assembly's 21st district, sparked by campaign money from lawyers and a tobacco company.

A campaign mailer blasted candidate John Carcione last week as a "sellout" for taking contributions from trial lawyers. In response, Mr. Carcione held a press conference, with high-profile supporters including State Sen. Jackie Speier and San Mateo County Supervisor Rich Gordon present, denouncing the mailer as being fueled by tobacco money.

Californians for Civil Justice Reform, a political action committee, spent about $58,258 on February 27 for the mailer, the same day the group received a $45,000 contribution from cigarette maker Philip Morris, according to the California Secretary of State's Web site.

The committee, the political action arm of the Civil Justice Association of California, is supporting John Barton, one of Mr. Carcione's opponents. The association's Web site describes it as a group fighting frivolous litigation.

Mr. Carcione, a Menlo Park resident and president of the West Bay Sanitary District board, sharply criticized the committee on March 1 for sending out a hit piece so late in the campaign.

"It takes away the opportunity from my campaign to respond. We can't print a mailer (before the election)," he said.

The mailer states that personal injury lawyers have financed Mr. Carcione's campaign "to the tune of more than $375,000."

Mr. Carcione disputed that, saying, "I have received less than $100,000 in direct contributions from all lawyers."

Mr. Barton, a member of the Palo Alto Unified School District board, could not be reached for comment before the Almanac's deadline.

Californians for Civil Justice Reform has made other expenditures in behalf of Mr. Barton's campaign, including one for $99,425 on February 19 and another for $67,317 on February 20, according to the Secretary of State's Web site.

The other Democratic candidates in the race to replace Assemblyman Joe Simitian are Barbara Nesbet, a Monte Sereno city councilwoman; and Redwood City Councilman Ira Ruskin. Silicon Valley entrepreneur Steve Poizner is running unopposed in the Republican primary.

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