Duffy Repays ACLU in Fight Over Rose Bird

Sheriff John Duffy has reimbursed the American Civil Liberties Union for thousands of dollars in legal fees incurred by the rights group when it challenged Duffy’s actions in the 1985 campaign to oust then-Chief Justice Rose Elizabeth Bird.

The ACLU last week received a $33,796 cashier’s check in the names of Duffy and Lt. John Tenwolde, according to Betty Wheeler, legal director of the ACLU’s San Diego affiliate.

Wheeler said the payment satisfies court rulings ordering Duffy to pay the group’s court and appeal costs, plus interest, amassed during its successful lawsuit against the sheriff.

“We are pleased that the matter has been resolved, and also that the Supreme Court ordered that the appellate decision be published,” Wheeler said. Publication of the 4th District Court of Appeal’s ruling against Duffy will establish a precedent forbidding public officials from using public funds and employees in political campaigns, she said.

In November, 1986, Superior Court Judge Douglas R. Woodworth ruled that Duffy acted inappropriately when he used on-duty deputies, county vehicles and county offices in the distribution of about 18,000 post cards that urged Bird’s resignation from the state Supreme Court.

The 4th District Court later rejected an appeal by Duffy and ordered him to pay the ACLU its costs in bringing the suit.

At Duffy’s request, the county in February sent the ACLU $18,804. But payment on the check was promptly ordered stopped based on advice from the county counsel, who said the campaigning was not part of Duffy’s duties as sheriff. Duffy asked the county to reconsider its decision, but it rejected the request last month.

Meanwhile, in April, Judge Woodworth ruled that Duffy owed the ACLU an additional $11,500 for court fees incurred during the appeal.

Wheeler said Duffy’s decision to finally pay the long-overdue sum might have been prodded by a scheduled July 26 court hearing at which the ACLU had intended to call for an examination of Duffy’s assets in its effort to obtain payment. The hearing did not occur because Duffy sent the check.

Neither Duffy nor Tenwolde--whose name was on the check because he played a major role in distributing the anti-Bird cards--was available for comment Wednesday.

But Sgt. Robert Takeshta, a Sheriff’s Department spokesman, said the two are consulting attorneys and looking at possible recourses to recover the funds.