Martinez Can Keep ‘Free’ Lawyer : Councilman’s Finances Qualified Despite $40,000 Salary

San Diego City Councilman Uvaldo Martinez will continue to be defended at the public’s expense on charges that he misused a city credit card, despite a judge’s distaste at affording him court-appointed counsel.

After a closed hearing Tuesday, Superior Court Judge Richard D. Huffman ruled that Martinez remains eligible for a court-appointed defense attorney, even though his council salary recently jumped to $40,000 a year from $35,000.

“In many respects I find it offensive to have a public official at this salary have a court-appointed attorney,” Huffman said in court after the closed hearing in his chambers. “But I have a duty under the law to see to it that he has proper representation.”

Martinez had no comment on Huffman’s statement or decision, council aide Paul Grasso said.

Municipal Court Judge Joseph K. Davis had ordered a review of Martinez’s eligibility for an appointed lawyer last month, after binding the councilman over for trial on 24 felony charges of misappropriating and falsely accounting for public funds.

Huffman said his ruling was based on Martinez’s financial status and the complexities of the case against him. He considered the councilman’s personal financial statement and a review by the county Department of Revenue and Recovery in making the decision.

Martinez has been represented at public expense since February, when Huffman named Raymond J. Coughlan as his attorney during the grand jury investigation that resulted in the councilman’s indictment. A private attorney had ceased representing Martinez because he was unable to pay his legal bills.

Huffman ordered that the councilman’s financial filings remain under seal. Even Deputy Dist. Atty. Allan J. Preckel, the prosecutor in the case, was barred from the closed session, attended by Martinez, Coughlan and courtroom aides.

The judge reminded Martinez on Tuesday that he may have to repay the county for Coughlan’s services once the charges against him are resolved.

Martinez has pleaded not guilty to charges that he illegally used a city credit card to purchase $1,840 worth of meals and drinks on 20 occasions between November, 1984, and June, 1985.