CA Justice Watch tracks prosecutorial injustice across all 58 California counties. Every fact sourced from public records.
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Tony Rackauckas

Orange County District Attorney (Former)
In office 1999–2018 — 20 years
Ranked #2 on CA Justice Watch Worst DAs list (92/100)
F OVERALL
57+ Convictions Overturned
250 Prosecutors Disqualified (Dekraai)
30+ yrs Illegal Informant Scheme
$Tens of M Taxpayer Cost
ZERO State Bar Discipline
DOJ Federal Investigation Launched

Election History

Rackauckas held power for 20 years before finally being voted out in 2018, largely due to the jailhouse informant scandal.

YearOpponentResultNotes
1998Wally Wade (DDA)Won 59%First elected
2002Wally Wade (rematch)Won 62%Increased margin
2006Unopposed100%No challenger
2010Unopposed100%No challenger
2014ContestedWon 73%Informant scandal emerging
2018Todd SpitzerLostDefeated after 20 years; scandal was central issue

Sources: Wikipedia; Ballotpedia; Voice of OC; OC Weekly

Documented Misconduct Record

Decades-Long Illegal Jailhouse Informant Program

For more than 30 years, the Orange County DA's office and Sheriff's Department recruited and placed informants in jail cells with defendants, paying and rewarding informants with sentence reductions for extracting incriminating information — without defense counsel present. This constituted systematic 6th Amendment violations on a scale unprecedented in American criminal justice.

Source: ACLU; Death Penalty Information Center; DOJ investigation

People v. Dekraai — All 250 Prosecutors Disqualified

In May 2015, Superior Court Judge Thomas Goethals disqualified the entire Orange County DA's office (all 250 prosecutors) from the Seal Beach massacre capital trial after finding prosecutors deliberately violated defendant Scott Dekraai's constitutional rights by placing him near an instructed informant. The death penalty was removed from the table. Dekraai received 8 life sentences without parole instead.

Source: OC Weekly; CBS News; court records

57+ Convictions Overturned

At least 57 convictions have been overturned due to the jailhouse informant scandal, with more cases still under review. Each overturned conviction represents years of wrongful imprisonment and massive taxpayer liability.

Source: ACLU of Southern California; court records

DOJ Federal Investigation

After a six-year investigation, the U.S. Department of Justice found that Orange County law enforcement unconstitutionally used jailhouse informants to elicit confessions and incriminating evidence for years. The investigation confirmed the systemic nature of the violations.

Source: The Appeal; DOJ findings

Secretly Cleared Deputies Accused of Lying

Rackauckas quietly decided not to have prosecutors inform defense attorneys about 10 sheriff's deputies suspected of lying about or concealing records regarding jail informants. This obstruction compounded the underlying constitutional violations.

Source: Voice of OC (June 2019)

Kenneth Clair — Still Imprisoned Despite DNA Exclusion

Kenneth Clair remains imprisoned despite DNA evidence clearing him, a case that epitomizes the Orange County DA's resistance to correcting wrongful convictions.

Source: Court records; Innocence Project

"Failure of Leadership" — Own Committee's Finding

A special committee created by Rackauckas himself cited a "failure of leadership" as the root cause of the multi-decade history of prosecutorial misconduct involving jailhouse informants.

Source: Death Penalty Information Center

Used Sexual Assault Case for Political Gain

After his electoral defeat, Rackauckas admitted during a deposition that he had used a high-profile sexual assault case to increase his chances of winning the 2018 election. He was further accused of fabricating evidence related to a rape and kidnapping case.

Source: OC Weekly; deposition testimony

Public Statements

"Luck."

— Tony Rackauckas's repeated explanation for how informants kept ending up in cells next to high-profile defendants, per OC Weekly

Rackauckas admitted in a deposition that he used a high-profile sexual assault case to boost his re-election chances.

— Deposition testimony after 2018 electoral defeat

How to Take Action

File a State Bar Complaint

Despite decades of documented misconduct, Rackauckas received ZERO State Bar discipline. File a complaint with the California State Bar.

Support Wrongful Conviction Review

Dozens of cases from the informant era may still need review. Support the Innocence Project and ACLU of Southern California.

Hold the Current DA Accountable

Todd Spitzer replaced Rackauckas in 2019. Monitor whether systemic reforms were actually implemented at the Orange County DA's office.

Contact Orange County Supervisors

The Board of Supervisors oversees the DA's budget. Contact your supervisor to demand ongoing oversight.

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