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City Attorney

POSTED: 8:27 am PDT June 3, 2008

Four candidates, including two City Council members, are on today's ballot seeking to unseat City Attorney Michael Aguirre, whose push to overhaul San Diego's pension system has won him both condemnation and praise.

It is unlikely that any one candidate will secure more than 50 percent of the vote to avoid a runoff. Recent polls suggest Aguirre is virtually assured of a spot in a Nov. 4 runoff, when he will likely face San Diego City Council President Scott Peters of Superior Court Judge Jan Goldsmith.

Aguirre has framed himself as the people's attorney, an independent lawyer whose duty it is to expose wrongdoing in city governance.

"What I did is I launched an attack on the problem and received almost no help from the structure of the city government itself," Aguirre said at a recent debate hosted by the Lincoln Club.

The field of candidates challenging Aguirre include Peters, Goldsmith, Councilman Brian Maienschein and attorney Amy Lepine.

Most have framed their campaigns around Aguirre's performance during his four years in office, accusing him of filing frivolous lawsuits and engaging in political games.

"Mike Aguirre has turned one of the most important offices in this city into a playground of politics, posturing and plain dysfunction," Peters said at an event early in his campaign.

Goldsmith, who is on leave from the bench, has accused Aguirre of pandering for headlines instead of following the letter of the law.

"Independence doesn't mean you get to be the mayor," Goldsmith said at a recent debate hosted by NBC 7/39 that Aguirre skipped. "It doesn't mean you get to do things on your own. It means that you are independent like a good lawyer ought to be, and that is focus on the law, make your decisions solely on the law and not politics."

Peters has chastised Aguirre for opening the city to potential lawsuits by publicly stating that the municipal water system may have played a role in last year's landslide on Mount Soledad.

During the Lincoln Club debate, Aguirre defended his actions. "In Mount Soledad I told the truth," he said. "The truth is always the right thing to do. That is the best way to defend the city."

During much of his tenure, Aguirre has battled to reverse pension deals he maintains were granted illegally and contributed to San Diego's more than $1 billion retirement fund debt.

Last year, a judge threw out Aguirre's lawsuit. An appeal is pending.

"We return to court because justice has not been done, and quitting would mean a billion-dollar burden on San Diego taxpayers," Aguirre said in April when he filed his appeal.

He has attacked both Peters and Maienschein for their role while on the City Council in the pension deals. Peters and Maienschein, who must give up their seats on the City Council due to term limits, have both acknowledged that approving those deals was a mistake.

Aguirre's actions have drawn the ire of numerous city officials, some of whom he has accused of engaging in corruption. His pension proposals have led to fierce opposition by municipal unions. The city attorney has also frequently battled with Mayor Jerry Sanders.

His tactics also prompted the State Bar of California to open an investigation.

Despite the rancor, Aguirre has maintained a core set of supporters.

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