SAN DIEGO -- Former San Diego City Councilman George Stevens, who left office in 2002 because of term limits, can run again for the office in a special election next month, a judge ruled Wednesday.

Superior Court Judge Charles Hayes said Stevens, 72, is entitled to run for the 4th District seat and serve if elected because the City Charter is unclear on term limits.

The judge said Stevens', (pictured, left), name could appear on the ballot for the Nov. 16 special election because there was a "break" in his service between 2002 and 2004.

Charles Lewis, Stevens' chief of staff, succeeded him in office, but died unexpectedly in August.

Hayes said that by passing a term limit proposition in 1992, voters clearly wanted to prevent politicians from serving a third "consecutive" term.

The ruling "was worth waiting for," Stevens said outside court.

If elected, Stevens said he would work with the council to clarify the City Charter to clarify its position on term limits.

"Yes, it should be more clear because it is ambiguous," Stevens said.

He said he would serve out Lewis' remaining term, but would not comment on whether he would run again in 2006.

After the judge's ruling, Stevens, a Baptist minister, praised God and told reporters he would have been happy either way.

"I can serve people whether I'm in public office or not," he said.

Attorney Bruce Henderson, representing former San Diego County Supervisor Lou Conde, called it a "bad ruling" for term limits.

"The thing to do is clean up the charter," Henderson said.

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In court, Henderson said voters in 1992 passed Proposition A to create term limits and "stop career politicians,"

Stevens served on the San Diego Council for 11 years, from 1991 through 2002.

Bob Ottilie, an attorney for Stevens, said his client was entitled to run again because it was not a third consecutive term.

Assistant City Attorney Les Girard told the judge that for Stevens to run he could only serve less than two years of Lewis' unexpired term.

If Stevens wins the special election outright, by getting more than 50 percent of the vote, the City Council could certify the results Dec. 3, meaning Stevens would serve more than two years of the term, Girard said.

Girard said voters clearly intended for there to be more than a two-year break after a politician served two consecutive terms.

City Clerk Charles Abdelnour said Stevens' name could appear on the ballot, despite an earlier opinion from City Attorney Casey Gwinn that Stevens was ineligible to run.

Leo Sullivan, representing Abdelnour, said the constitution calls for access to the ballot.

"Democracies are messy, but we want our mess," Sullivan told the judge.

Sullivan successfully urged the judge to follow the "plain" language of the City Charter and the Municipal Code, "meaning a person can serve a third term which is not consecutive."

Others filing to run for the 4th District seat are: Marissa Acierto, an entrepreneur in a family telecommunication business; Dwayne Crenshaw, a community development director who lost to Lewis in 2002; publisher Patrick DeShields, James Galley, Gloria Tyler-Mallery, who lost a bid for the 8th District seat in 2002; Bruce Williams, a community affairs director for Mayor Dick Murphy; and Tony Young, Lewis' chief of staff.