Bar subpoenas bills of firms tied to Aguirre
By Alex Roth
San Diego Union Tribune
January 18, 2008
The State Bar of California has issued a subpoena in its investigation of San
Diego City Attorney Michael Aguirre, seeking copies of bills from several law
firms that have worked for Aguirre's office.
The subpoena also seeks information in two other areas:
Settlements Aguirre's office paid to a lawyer who sued the city, and
Bills submitted by a private arbitrator who has received business from
Aguirre's office.
Private attorney Michael Conger has accused Aguirre of failing to disclose
his office's financial relationship with the arbitrator. The arbitrator made a
ruling favorable to Aguirre's side in a lawsuit brought by Conger. Aguirre has
denied any improper conduct.
A process server delivered the subpoena to the office of the city auditor and
comptroller on Jan. 11. The document, issued by the Bar's Office of the
Chief Trial Counsel, orders the city to turn over all the requested documents
by Feb. 15, according to a copy obtained by The San Diego Union-Tribune.
Aguirre's spokeswoman said he had no comment on the subpoena.
For at least a few months, Bar investigators have been interviewing people
about Aguirre's legal work, public comments and other behavior. The Bar
licenses and disciplines the state's lawyers. It can mete out punishment
ranging from a private reprimand to disbarment.
The subpoena seeks, among other items, copies of bills “received through
the City Attorney” during Aguirre's tenure from the law firm Latham &
Watkins. Aguirre has farmed out legal work to the firm on a variety of cases.
Since Aguirre took office in December 2004, the firm has billed the city
$10.7 million, city documents show.
Bar investigators are also seeking “copies of all payments made” to attorney
Cory Briggs to settle lawsuits during Aguirre's tenure. Briggs is a private
lawyer who has filed several lawsuits against the city on behalf of citizens'
groups.
Both Briggs and Kristine Wilkes, a Latham & Watkins partner, have
contributed $250 to Aguirre to help him retire his 2004 campaign debt. As
noted in an Aug. 24 story on Voiceofsandiego.org, which first reported the
donations, some if not all of that money went directly to Aguirre because all
of his unpaid loans from the 2004 campaign are to himself.
Briggs yesterday called the Bar investigation “a political witch hunt” and
dismissed as ridiculous any suggestion that his contribution influenced
Aguirre's handling of the suits.
Of various suits Briggs has filed, two were dropped, “three or four” are still
pending and “two or three” have been settled for “a couple thousand bucks
each,” Briggs said.
“I've never even talked to Mike about any of the cases I've settled,” Briggs
said.
Wilkes was on vacation and couldn't be reached for comment yesterday.
Bar investigators are also looking into how much money the City Attorney's
Office has paid private arbitrator Harry McCue during Aguirre's tenure. The
Bar requested copies of all bills submitted by McCue, a retired federal
magistrate, during Aguirre's term.
McCue was involved in a case in which Conger successfully sued the city for
underfunding the pension system. Aguirre's office eventually settled the
case by paying an additional $173 million into the retirement system.
Although McCue didn't preside over the underlying lawsuit, Aguirre
requested that McCue be named the arbitrator to decide how much to award
Conger in attorney's fees for his victory, Conger said. McCue ruled that
Conger was entitled to only $1.
After McCue's ruling, Conger filed a motion accusing Aguirre and McCue of
failing to disclose that Aguirre's office had hired McCue to arbitrate or
mediate at least eight other cases in the previous two years, paying McCue
$37,800. Conger accused Aguirre and McCue of deliberately concealing the
information. Conger said he found out about the relationship from another
mediator shortly after McCue's ruling.
After Conger filed the motion, Aguirre agreed that the city would pay Conger
$1.6 million in attorney's fees, not the $1 McCue ordered. One condition of
receiving the $1.6 million payment was that Conger agreed to refrain from
making any further “public or private comments” regarding the McCue
controversy, court documents show. Aguirre has criticized Conger for
unfairly attacking McCue's integrity.
McCue didn't return a message asking for comment.
Bar investigators are also seeking copies of all bills submitted by the law firm
Heller Ehrman during Aguirre's tenure. Aguirre hired Heller Ehrman to assist
with his lawsuit seeking to overturn certain benefits for city employees.
The firm was paid $431,997, city attorney records show. When the City
Council refused to authorize more payments, Aguirre dumped the firm and
tried the case himself. A judge eventually threw out the case; Aguirre is
appealing.
The subpoena also seeks copies of payments made to private San Diego
lawyers Bryan Vess and Dan Stanford, whom Aguirre retained to handle
several pension-related cases on a contingency basis.
By Alex Roth
San Diego Union Tribune
January 18, 2008
The State Bar of California has issued a subpoena in its investigation of San
Diego City Attorney Michael Aguirre, seeking copies of bills from several law
firms that have worked for Aguirre's office.
The subpoena also seeks information in two other areas:
Settlements Aguirre's office paid to a lawyer who sued the city, and
Bills submitted by a private arbitrator who has received business from
Aguirre's office.
Private attorney Michael Conger has accused Aguirre of failing to disclose
his office's financial relationship with the arbitrator. The arbitrator made a
ruling favorable to Aguirre's side in a lawsuit brought by Conger. Aguirre has
denied any improper conduct.
A process server delivered the subpoena to the office of the city auditor and
comptroller on Jan. 11. The document, issued by the Bar's Office of the
Chief Trial Counsel, orders the city to turn over all the requested documents
by Feb. 15, according to a copy obtained by The San Diego Union-Tribune.
Aguirre's spokeswoman said he had no comment on the subpoena.
For at least a few months, Bar investigators have been interviewing people
about Aguirre's legal work, public comments and other behavior. The Bar
licenses and disciplines the state's lawyers. It can mete out punishment
ranging from a private reprimand to disbarment.
The subpoena seeks, among other items, copies of bills “received through
the City Attorney” during Aguirre's tenure from the law firm Latham &
Watkins. Aguirre has farmed out legal work to the firm on a variety of cases.
Since Aguirre took office in December 2004, the firm has billed the city
$10.7 million, city documents show.
Bar investigators are also seeking “copies of all payments made” to attorney
Cory Briggs to settle lawsuits during Aguirre's tenure. Briggs is a private
lawyer who has filed several lawsuits against the city on behalf of citizens'
groups.
Both Briggs and Kristine Wilkes, a Latham & Watkins partner, have
contributed $250 to Aguirre to help him retire his 2004 campaign debt. As
noted in an Aug. 24 story on Voiceofsandiego.org, which first reported the
donations, some if not all of that money went directly to Aguirre because all
of his unpaid loans from the 2004 campaign are to himself.
Briggs yesterday called the Bar investigation “a political witch hunt” and
dismissed as ridiculous any suggestion that his contribution influenced
Aguirre's handling of the suits.
Of various suits Briggs has filed, two were dropped, “three or four” are still
pending and “two or three” have been settled for “a couple thousand bucks
each,” Briggs said.
“I've never even talked to Mike about any of the cases I've settled,” Briggs
said.
Wilkes was on vacation and couldn't be reached for comment yesterday.
Bar investigators are also looking into how much money the City Attorney's
Office has paid private arbitrator Harry McCue during Aguirre's tenure. The
Bar requested copies of all bills submitted by McCue, a retired federal
magistrate, during Aguirre's term.
McCue was involved in a case in which Conger successfully sued the city for
underfunding the pension system. Aguirre's office eventually settled the
case by paying an additional $173 million into the retirement system.
Although McCue didn't preside over the underlying lawsuit, Aguirre
requested that McCue be named the arbitrator to decide how much to award
Conger in attorney's fees for his victory, Conger said. McCue ruled that
Conger was entitled to only $1.
After McCue's ruling, Conger filed a motion accusing Aguirre and McCue of
failing to disclose that Aguirre's office had hired McCue to arbitrate or
mediate at least eight other cases in the previous two years, paying McCue
$37,800. Conger accused Aguirre and McCue of deliberately concealing the
information. Conger said he found out about the relationship from another
mediator shortly after McCue's ruling.
After Conger filed the motion, Aguirre agreed that the city would pay Conger
$1.6 million in attorney's fees, not the $1 McCue ordered. One condition of
receiving the $1.6 million payment was that Conger agreed to refrain from
making any further “public or private comments” regarding the McCue
controversy, court documents show. Aguirre has criticized Conger for
unfairly attacking McCue's integrity.
McCue didn't return a message asking for comment.
Bar investigators are also seeking copies of all bills submitted by the law firm
Heller Ehrman during Aguirre's tenure. Aguirre hired Heller Ehrman to assist
with his lawsuit seeking to overturn certain benefits for city employees.
The firm was paid $431,997, city attorney records show. When the City
Council refused to authorize more payments, Aguirre dumped the firm and
tried the case himself. A judge eventually threw out the case; Aguirre is
appealing.
The subpoena also seeks copies of payments made to private San Diego
lawyers Bryan Vess and Dan Stanford, whom Aguirre retained to handle
several pension-related cases on a contingency basis.
San Diego
Education Report
Education Report
Case closed on seven Aguirre investigations
Letters from state bar say no further action on complaints against former
city attorney
By Jeff McDonald
San Diego Union Tribune
February 10, 2011
The State Bar of California has dropped seven separate investigations into
former City Attorney Michael Aguirre, who rattled the San Diego political
establishment during his single stormy four-year term.
Bar officials do not discuss — or even confirm — investigations that do not
result in some form of public discipline.
But The Watchdog has reviewed a series of letters from the association
that state each case opened in response to complaints lodged against
Aguirre “does not warrant further action.”
The closures came nearly four years after Aguirre created a political
firestorm with actions some considered erratic or unethical, such as rushing
to the scene of a Mount Soledad landslide and saying the city — his own
client — had culpability.
Aguirre praised the outcome of the state investigations.
“People always ask me, ‘How can you believe in the system?’” he said. “But
this confirms for me the basic justice in the legal system.”
Aguirre, who was elected in 2004 and defeated in 2008, became the target
of multiple State Bar complaints of professional misconduct. None were
ever made public, but investigators focused on issues such as whether
Aguirre filed lawsuits without proper approval from the City Council.
One of the complaints was filed by Tom Story, a former city official that
Aguirre attempted to bring up on ethics charges because of his work for
developer Sunroad after leaving City Hall. Story was accused by Aguirre of
tapping his political connections to benefit the company.
Sunroad, whose president was a contributor to Mayor Jerry Sanders, built
an office tower near Montgomery Field in Kearny Mesa too tall for federal
aviation safety rules. Sanders eventually ordered the top two floors of the
building removed.
A Superior Court judge halted the Story prosecution because Aguirre was
also suing the developer. He ruled the two cases had the potential to
conflict.
Letters from state bar say no further action on complaints against former
city attorney
By Jeff McDonald
San Diego Union Tribune
February 10, 2011
The State Bar of California has dropped seven separate investigations into
former City Attorney Michael Aguirre, who rattled the San Diego political
establishment during his single stormy four-year term.
Bar officials do not discuss — or even confirm — investigations that do not
result in some form of public discipline.
But The Watchdog has reviewed a series of letters from the association
that state each case opened in response to complaints lodged against
Aguirre “does not warrant further action.”
The closures came nearly four years after Aguirre created a political
firestorm with actions some considered erratic or unethical, such as rushing
to the scene of a Mount Soledad landslide and saying the city — his own
client — had culpability.
Aguirre praised the outcome of the state investigations.
“People always ask me, ‘How can you believe in the system?’” he said. “But
this confirms for me the basic justice in the legal system.”
Aguirre, who was elected in 2004 and defeated in 2008, became the target
of multiple State Bar complaints of professional misconduct. None were
ever made public, but investigators focused on issues such as whether
Aguirre filed lawsuits without proper approval from the City Council.
One of the complaints was filed by Tom Story, a former city official that
Aguirre attempted to bring up on ethics charges because of his work for
developer Sunroad after leaving City Hall. Story was accused by Aguirre of
tapping his political connections to benefit the company.
Sunroad, whose president was a contributor to Mayor Jerry Sanders, built
an office tower near Montgomery Field in Kearny Mesa too tall for federal
aviation safety rules. Sanders eventually ordered the top two floors of the
building removed.
A Superior Court judge halted the Story prosecution because Aguirre was
also suing the developer. He ruled the two cases had the potential to
conflict.