SAN DIEGO -- A judge said today he will decide whether a former 4th District city councilman -- who left office because of term limits -- can run for the same office again in the wake of the death of Councilman Charles Lewis.

George Stevens, who represented the 4th District for three terms before bowing out in 2002, filed papers to reclaim the seat Friday despite a legal opinion from City Attorney Casey Gwinn that he couldn't.

On Monday, City Clerk Charles Abdelnour decided to allow Stevens' candidacy unless the courts rule against it.

On Sept. 8, Judge Charles Hayes refused to rule on a part of a lawsuit filed by former county Supervisor Lou Conde that deals with term limits and unexpired terms.

Because Stevens has now declared his candidacy, the issue is ripe for a decision, the judge said today.

"This whole thing is so fundamental to democracy," Hayes said. "We just have to make time for this."

The judge told Conde's attorney, Bruce Henderson, to serve Stevens with the lawsuit immediately.

Hayes said he hoped to decide the issue after hearing oral arguments on Oct. 6.

The judge said it would be unfair to voters if they didn't know who was a legitimate candidate and who was not.

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CHARLES LEWIS Images: Community Gathers At Councilman's Funeral Images: Charles Lewis 1966-2004 Video: Councilman Lewis Early Autopsy Results

"The unfortunate death of Mr. Lewis raised the issue," Henderson said outside court. "It's an issue that needs to get resolved."

Lewis died unexpectedly Aug. 8 of internal bleeding brought on by cirrhosis of the liver, according to the San Diego County Medical Examiner's Office.

On Sept. 7, the San Diego City Council set Nov. 16 as the date for a special election to fill Lewis' seat.

On Sept. 8, Hayes refused to issue an order consolidating the Nov. 2 general election with the special election for the 4th District.

Eight people have declared their candidacy to fill Lewis' seat.

Gwinn's legal opinion stated that Stevens would have to serve less than two years of Lewis' unexpired term, which would have been through Dec. 4, 2006.

The San Diego City Council would have to declare the results of the special election by Dec. 4 for Stevens to be eligible, Gwinn said.

State law requires the council to certify election results by the third Friday following the election, which would by Dec. 3, one day too early for Stevens, Gwinn said.

Stevens accused the city council of "playing games" with the dates and decided to throw his hat into the ring.

If one candidate does not get 50 percent plus one vote on Nov. 16, the two top candidates would square off in a runoff.