Duffy Must Pay Another $11,500 to ACLU

A San Diego Superior Court judge Thursday ordered Sheriff John Duffy to pay the ACLU $11,500 for legal fees the organization incurred in a lawsuit challenging Duffy’s conduct in the 1985 fight to oust then-California Chief Justice Rose Elizabeth Bird.

Although the amount is $1,300 less than that sought by the American Civil Liberties Union, attorneys for the organization said they are pleased with the award and eager to receive payment.

“We’re happy about the judge’s decision and hopeful we can bring to a close all the controversy in this matter,” said Betty Wheeler, legal director for the ACLU’s San Diego affiliate.

Neither Duffy nor his legal aide, Janet Houts, could be reached for comment on the case Thursday. But Wheeler said Houts argued that the ACLU had acted “vindictively” toward the sheriff by attempting to make him pay the bill personally and that the organization should receive no money at all.

The decision by Judge Douglas R. Woodworth brings to $30,304 the total amount Duffy now owes and must personally pay the ACLU. The money awarded Thursday is for costs incurred at the appellate level. In December, the sheriff was ordered to pay $18,804 for legal fees the ACLU amassed while the lawsuit was in Superior Court.

Until recently, it appeared the county government would be required to bear the burden of reimbursing the ACLU. After the initial judgment of $18,804 was entered against Duffy, the sheriff filed a claim with the county auditor’s office requesting a check in that amount.

But then the county counsel’s office got wind of the request, and Deputy County Counsel Anthony Albers issued an opinion stating that taxpayers are not liable for the costs because Duffy’s conduct was outside the scope of his official duties.

“This activity was something the sheriff handled as a personal individual,” county spokesman Bob Lerner said at the time. “It was not in his job description.”

On Tuesday, the Board of Supervisors struck a similar position with regard to another lawsuit against Duffy, filed by attorney Michael Aguirre, an unsuccessful candidate for San Diego City Council last fall. The board voted not to defend or indemnify Duffy against certain allegations in the suit, which charges that he acted inappropriately by sending out a campaign mailer--complete with a depiction of the sheriff’s badge--attacking Aguirre.

The sheriff’s troubles with the ACLU erupted in March, 1986, when a Superior Court judge ruled that Duffy engaged in illegal political activity by using his office and deputies to distribute material urging Bird to resign from the Supreme Court.

The ACLU sued Duffy after his distribution in February, 1985, of 18,000 anti-Bird post cards supplied by Crime Victims for Court Reform, the group leading the fight to oust Bird.

In a decision that drew statewide interest, Judge Woodworth ruled that Duffy could not engage in political activity aimed at influencing the voters during working hours.

The ACLU’s Wheeler said the group has yet to receive any of the money owed it, even though the 4th District Court of Appeal’s decision ordering Duffy to pay the $18,804 was made in December. She said the ACLU will not “wait very long” before taking further action to compel payment of the bill.

“We’re working on it now,” Wheeler said. “We’ll be taking the necessary steps shortly.”

Saying she is hopeful and optimistic that the sheriff will “simply send us a check we can put in the bank,” Wheeler noted that the ACLU’s options in seeking to recover the money include “engaging in enforcement proceedings that include discovering the assets of the judgment debtor,” in this case, Duffy.

In a related action, U.S. District Judge Gordon Thompson Jr. on Thursday gave Duffy an additional 45 days to answer Aguirre’s complaint.