Aguirre Must Repay $50,250 to Duffy, Filner for Election Suit Costs

Attorney Mike Aguirre, who lost a hotly contested District 8 San Diego City Council seat to Bob Filner in 1987 and then lost a lawsuit he filed against the victor and Sheriff John Duffy in 1988, now must pay some of the legal bills the pair incurred during their defense, a judge has ruled.

U. S. District Judge William B. Enright issued a written order Friday, directing Aguirre to pay $50,250 toward the legal tabs of Filner and Duffy.

Aguirre’s suit contended that the two violated his constitutional rights in a campaign flyer. The judge ordered $30,000 to go toward Filner’s legal expenses and $20,250 to go toward Duffy’s.

Aguirre, who is attending Harvard for a one-year graduate study program, did not return messages left on his answering machine Monday to respond to the judge’s order.

Fees for Lawyers

Of the amount awarded to Duffy, $10,500 is allocated to pay his personal attorney, and $9,750 is for his county counsel, who defended the sheriff in his official capacity. Filner spent about $50,000 for his defense, while Duffy said he spent about $18,000.

The lawsuit for unspecified damages, which was dismissed by Enright last September, alleged that Filner enlisted the aid of Duffy--along with his authority as an elected official--for a combination endorsement and attack on Aguirre in the campaign mailer sent out just before the November election.

Patricia Meyer, Aguirre’s law partner who is handling the case, said an appeal of the decision could not be ruled out. But she conceded that Friday’s decision may be the final activity in the feud.

“I can’t rule it out positively,” Meyer said. “I want to make sure that I’ve looked at all the aspects and then make a final decision. As far as Judge Enright’s decision, it’s quite possible it will be the final say in the matter.”

Meyer, who has discussed Enright’s order with Aguirre, said she “couldn’t accurately gauge” the attorney’s reaction.

Controversial Flyer

Aguirre ran an unsuccessful campaign against Filner in 1987 for the bitterly contested 8th District council seat. During the campaign, the controversial mailer was sent out on behalf of Filner just before the November election, bearing a depiction of the sheriff’s official badge and the headline: “A Strong Letter From Sheriff Duffy.” In the letter, the sheriff endorsed Filner and described Aguirre as lacking integrity and accused him of being “a practitioner of the big lie.”

Filner hailed the judge’s order on Monday as a victory, saying it sends out the message that candidates for public office should not fear lawsuits from a loser in the wake of defeat.

“I think this will help candidates who run against attorneys not to be intimidated,” Filner said. “An attorney can say, ‘If you win, then I will sue.’ That kind of intimidation is not going to be successful if you don’t have a foundation for it. I think, if it would have been successful, there would have been a real chilling effect.

“I’m angry. Originally, this thing cost me over $50,000 and a year’s worth of trouble. During the primaries, there were 10 of us (candidates) who joked about who was going to be sued by Aguirre. We always joked, at the time, that he had a reputation for this, and then he did it.”

‘You Bet I’m Satisfied’

Duffy echoed Filner’s comments, saying the order would discourage political opponents from “bringing their political squabbles into the courtroom.”

“You bet I’m satisfied,” Duffy said Monday. “The judge’s ruling on the attorney’s fees, I think, is a real vindication. My attorneys told me there was a 50% chance of getting them.”

Among the charges made in the original suit, Aguirre contended that the mailer violated his right to free speech, undermined his right to run for office and raised other federal constitutional questions. At that time, Aguirre said he thought “there’s still something there.”

And Meyer reiterated Aguirre’s earlier comment.

“I think it’s fair to say I think the papers filed in court say there’s something there,” she said.

Meanwhile, word of the ruling has prompted a stream of congratulatory phone calls to Filner’s office at City Hall, he said.