GOP Seeks Removal of Aguirre

Published: Wednesday, October 10, 2007 5:05 PM PDT

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The San Diego County Republican Party just announced that it will be filing an ethics complaint against City Attorney Mike Aguirre with the intent of having him removed from office.

A press conference is scheduled for 3 p.m. outside of City Hall.

The announcement comes on the heels of this San Diego Union-Tribune editorial, which accuses the city attorney, a Democrat, of violating the city charter in accepting campaign donations from his own staff.

The editorial also hinted at a possible remedy:

Although the charter does not provide for criminal sanctions, it does nevertheless impose a steep penalty for violations of Article XIV, Section 218: "Any officer or employee found guilty by the (City) Council or a court of competent jurisdiction shall thereby forfeit his office or position."

Under state law, elected officials commonly are removed from office for cause through a legal process known as quo warranto. This procedure allows private citizens or government officials to file a petition with the state Attorney General's Office, which then issues an opinion on the validity of the claim. If the attorney general rules the claim is valid, a Superior Court judge can remove the officeholder, as has occurred in a number of cases throughout the state.

-- ANDREW DONOHUE