San Diego Sheriff to End Anti-Bird Effort

Responding to complaints that he was using deputies for political purposes, San Diego County Sheriff John F. Duffy has agreed to halt the distribution by on-duty deputies of post cards urging California Chief Justice Rose Elizabeth Bird to resign.

Duffy, facing a lawsuit brought last week on behalf of California Common Cause by the American Civil Liberties Union, agreed Tuesday to remove the anti-Bird post cards from Sheriff’s Department vehicles and substation front counters.

Duffy also agreed to circulate a memo to his deputies ordering that the post cards no longer be distributed and that citizens requesting the cards be instead referred to anti-Bird or pro-Bird organizations. In exchange, the ACLU agreed not to seek an injunction in Superior Court against those activities.

“We’re very happy,” ACLU spokesman Jim Gordon said. “I’d have to say this is a biggie.”

18,000 Cards Distributed

Although Gordon’s organization celebrated, Duffy insisted that his purpose already had been served.

“We distributed 18,000 of the cards,” Duffy said Wednesday. “That’s a substantial amount of the 50,000 cards that were printed for statewide distribution. I said that’s enough. We are out of cards now, and we have no intention of ordering any more.”

Duffy discussed the case in closed session with the San Diego County Board of Supervisors on Wednesday. When he emerged, he told reporters that the ACLU’s claim of victory was “the funniest thing I’ve ever heard.” Duffy said he will probably continue to distribute the cards if the public’s interest in them persists.

Duffy distributed the cards to his deputies two weeks ago and gave them permission to hand them out to the public upon request. The cards, which were also available at Sheriff’s Department substations throughout San Diego County, criticize Bird for her decisions on capital punishment and state that she has “hurt our entire judicial system . . . crippled law enforcement . . . and decided cases in favor of criminals over victims.”

Statewide Effort

The post card campaign was orchestrated by Crime Victims for Court Reform, a statewide group pledged to remove Bird and Justices Cruz Reynoso and Joseph Grodin--all appointees of former Gov. Edmund G. Brown Jr. who are up for confirmation in November, 1986.

ACLU staff attorney Greg Marshall said his office plans to pursue its lawsuit against Duffy despite the agreement reached Tuesday before Superior Court Judge Douglas R. Woodworth.