- “Imagine that with all of these cases going on… We’re getting into the tens of millions of dollars they’re spending defending these cases.” – Bijan Darvish
Orange County taxpayers could ultimately bear tens of millions of dollars in costs defending a growing number of sexual harassment and retaliation lawsuits against District Attorney Todd Spitzer and his administration, according to attorney Bijan Darvish.
In an interview with the Vanguard, Darvish described a pattern of misconduct, retaliation, and costly litigation inside the DA’s office — all stemming from what he characterized as a “complete lack of accountability at the highest levels.”
“I think the words to describe it are conduct rewarded is conduct repeated,” Darvish said. “There’s been no accountability for any of the higher-ups, the executives at the district attorney’s office. And I think it starts at the very top with Todd Spitzer.”
Darvish noted that multiple lawsuits have already been filed against the county involving Spitzer and senior officials, with at least eight or nine cases tied to sexual harassment and retaliation. Several have settled, but others remain active.
“At first there were approximately eight or nine cases,” Darvish explained. “A couple of them have settled. Right now maybe there’s three or four that are still pending. Jennifer Kern’s case is still pending — that involved retaliation by Todd Spitzer. There’s a new case that was filed about a month ago that’s still pending.”
Each case, he said, drains public funds both through legal defense costs and settlement payments.
“By the time it goes to trial, the county’s going to have spent millions of dollars in defense attorney fees. They have exceptionally good lawyers and multiple lawyers working on a single case,” he said. “There’s a lot of discovery and a lot of litigation involved in all of them.”
Darvish said that while some settlement opportunities have arisen, the Orange County Board of Supervisors has repeatedly rejected mediation agreements — only to pay far more later.
He cited the case of former prosecutor Damon Tucker as one example.
“There was a million-dollar offer supposedly accepted, and the board denied it,” he said. “Then they ended up settling the case just before trial for a little over $2 million. So that’s an extra million dollars of taxpayer funds. Not to mention, I wouldn’t be surprised if it was another million in defense fees leading up to that.”
Darvish estimated that, taken together, the pending and resolved cases could total “tens of millions of dollars” in costs to the county.
“Imagine that with all of these cases going on,” he said. “We’re getting into the tens of millions of dollars they’re spending defending these cases, especially ones where Spitzer’s involved and a court has already found that he harassed high level, he retaliated, he did it with malice — and that’s going to be their star witness in some of these cases.”
The Vanguard spent several months attempting to obtain records from the County of Orange to account for court, settlement, and legal defense costs related to these cases but never received documentation that could establish the total expenditures definitively.
The growing legal bills come amid a new wave of litigation, including a recent lawsuit filed by a former Orange County prosecutor alleging sexual harassment and retaliation within Spitzer’s office, as first reported by the Los Angeles Times.
The former prosecutor, identified in court filings as Jane Doe, alleges that her supervisor, Jess Rodriguez, sent repeated sexually suggestive text messages and made inappropriate comments in person.
In one message, Rodriguez allegedly wrote, “I need to get in some quality time watching you bend over to reach the projector.” Another read, “Gimme something to have sweet dreams about tonight.”
According to the lawsuit, “She was expected to remain silent, avoid drawing attention, and endure mistreatment or face retaliatory punishment.”
County spokesperson Kimberly Edds confirmed to the LA Times that the DA’s office learned of the allegations in March and that Rodriguez was placed on administrative leave pending an outside investigation. Rodriguez resigned on June 18.
The complaint also names former supervising Deputy Dist. Atty. Richard Zimmer, now a Superior Court judge, and former Senior Deputy Dist. Atty. Rebecca Reed, alleging “hostility and disparate treatment.” Zimmer declined to comment, citing judicial ethics rules.
Doe’s attorney, Tim Gauthier, told the Times the harassment and retaliation occurred during meetings known as “turkey shoots,” where prosecutors reviewed cases.
Gauthier said his client was denied plea deal authority, forcing her to take more cases to trial, and that after she complained, she was placed under investigation.
“We suspect they were going through everything with a fine-tooth comb looking for anything to peg her with after the fact,” he said.
The lawsuit connects Doe’s experience to a broader pattern of misconduct involving former top prosecutor Gary LoGalbo, a close associate of Spitzer’s, who was previously accused by multiple women of sexual harassment.
An internal investigation, the Times reported, found those claims credible, and the DA’s office later released a report that identified victims by description — including Doe, who was referred to as a “female attorney who was Asian.”
Edds said the office has since expanded harassment training and reporting options for staff, but Gauthier countered that Doe had been actively discouraged from participating in prior complaints.
“From those experiences she garnered that any report of sexual harassment was a bad career decision and would result in mistreatment,” he said.
The county continues to face litigation over workplace retaliation.
In June, a jury awarded $3 million to former prosecutor Tracy Miller, who said she was punished for protecting victims of harassment and challenging Spitzer’s behavior. Another case settled last year for $2 million after an investigator alleged that Spitzer and others interfered with a money laundering probe.
Miller’s lawsuit, led by Darvish and John Barnett, revealed what she described as a pervasive culture of misogyny and political retaliation inside the DA’s office. During her trial, evidence emerged that Spitzer had interfered in at least two capital cases for political reasons, including one where he made a racist remark that violated the California Racial Justice Act.
Despite those findings, Miller said county leaders have refused to hold Spitzer accountable.
“They allowed it to happen,” she said. “They looked the other way. And they used millions of taxpayer dollars to defend it.”
Darvish said that while the county has removed some of Spitzer’s authority over human resources, the gesture falls short of genuine accountability.
“I don’t know if taking HR away is a deterrent for Todd Spitzer because it doesn’t hold him accountable for anything,” he said. “For it to get to HR, the employees have to be brave enough to step forward knowing that there’s a very strong likelihood they’re going to be retaliated against.”
He added that the county has done little to protect employees who come forward.
“Nobody’s done any kind of follow-up to call the person to check on how they’re doing,” Darvish said. “Simple things that don’t cost any money.”
The pattern of retaliation and political interference, Darvish noted, continues to surface in new lawsuits — including one filed by former DA investigator Jennifer Kearns, reported by Voice of OC.
Kearns’ lawsuit alleges that Spitzer retaliated against her after she raised concerns that he had intentionally undermined a high-profile prosecution for political reasons — the case against Dr. Grant Robicheaux and Cerissa Riley, once accused of kidnapping and sexual assault. The pair were ultimately convicted only of gun and drug possession charges.
“After his election as DA, Spitzer apparently colluded with the defense while engaging in a concerted political campaign to undermine the prosecution, discredit the victims, and ultimately destroy the criminal case,” Kearns’ lawyers wrote in their filing.
They added, “Although Spitzer claimed his subordinates reviewed the case free from any interference or influence from their boss, Spitzer was simultaneously openly expressing contempt for the victims.”
Kearns alleges that after she raised concerns about this conduct, “Spitzer caused Plaintiff to be removed from her role as lead investigator on this case, placed on administrative leave, deprived of valuable opportunities to earn overtime compensation while on leave, stripped of her peace officer status, and escorted out under a cloud of suspicion.”
Her lawsuit is scheduled for trial in May. Spitzer declined to comment to Voice of OC.
With multiple lawsuits now active and new claims emerging, the cost to Orange County taxpayers continues to grow. For Darvish and other attorneys involved in these cases, the financial toll is inseparable from a deeper issue — a culture of impunity at the top.
“The county has made a choice,” Darvish said. “It’s not just a legal problem anymore. It’s a leadership problem — and the people of Orange County are paying for it.”
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