S. Diego Sheriff’s Actions Against Bird Ruled Illegal

SAN DIEGO — A San Diego County Superior Court judge ruled on Friday that Sheriff John Duffy engaged in illegal political activity last year, when he used his office and deputies to distribute materials urging Chief Justice Rose Elizabeth Bird to resign.

Judge Douglas Woodworth ruled that Duffy--and by implication other public officials--could speak out about important issues but is prohibited during on-duty hours from engaging in political activities specifically “aimed at influencing the voters.”

The suit filed by Common Cause contended that Duffy overstepped legal limits on politicking in February, 1985, by sending a letter to deputies on county stationery inviting them to distribute 18,000 anti-Bird postcards, mailing the cards to interested citizens and dispatching on-duty deputies to deliver the cards to substations. The cards were supplied by Crime Victims for Court Reform, one of the groups leading the fight against the chief justice’s retention in the November general election.

Prohibited by Law

Woodworth ruled that “most of the conduct” by Duffy was prohibited by law. He said the forbidden activities are “those that endorse a particular advocacy or a lobbying group” or urge public employees “to engage in specific political activity, such as the distribution of postcards, such as those that recommend or advocate the removal or defeat of a public official.”

Attorneys for both Duffy and Common Cause said it was unclear where Woodworth was drawing the line against politicking by elected officials, and they agreed that it was unrealistic to believe that politicians could be barred from endorsing candidates or taking stands on ballot issues. The decision is binding only on Duffy and does not set a precedent for other cases.

However, the victorious American Civil Liberties Union lawyers, which filed the suit for Common Cause, and supporters of the chief justice nonetheless were elated by the judge’s decision.

Statewide Implications

“It has implications statewide, because there have been a lot of public employees either actively campaigning in this judicial election or itching to do that,” said Gregory Marshall, legal director for the ACLU’s San Diego chapter, which represented Common Cause.