Lawyer Battles Limits on Political Donations

An attorney argued in court Monday that he should not be prosecuted if he donates money to an organization opposing mayoral candidate Peter Navarro after already contributing to Navarro’s rival, Susan Golding.

David L. Dick challenged City Atty. John Witt’s interpretation of a 1973 law that limits campaign contributions. Dick wants to establish a committee opposing Navarro’s election.

After donating the maximum $250 to Golding’s campaign, Dick asked city officials if he could donate money to an organization opposing Navarro, Golding’s primary rival.

Witt issued an opinion forbidding Dick to make the second donation under the San Diego Municipal Election Campaign Control Ordinance. Witt said Dick would face prosecution if he made the contribution.

Dick is asking Superior Court Judge James R. Milliken to rule that he cannot be prosecuted.

The campaign finance law, which Milliken called “gobbledygook,” states that no one may contribute more than $250 “in support of or opposition to such candidates, including contributions to all committees supporting or opposing a candidate.”

Stressing the constitutionally guaranteed right of free speech, Dick’s attorney, Kathryn E. Karcher, said the ordinance “simply does not address contributions (to committees) opposing a candidate.”

Attorneys representing the city argued Tuesday that the lawsuit is moot because the mayoral race now has three candidates. Last week Jim Turner, a retired North Park resident, was certified as a write-in candidate.

Deputy City Atty. Leslie J. Girard said a ruling in Dick’s favor would limit the city attorney’s ability to decide who will face criminal charges.

Girard questioned why Dick had waited so long to file suit after Witt issued his ruling in June.

No committee against Navarro exists, but Dick said he would like to form one “to make the public aware of what Peter Navarro says now and what he had said in the past and how those two do not necessarily equate.”

Navarro has previously said the lawsuit is “a blatant attempt by developers to try to buy City Hall.”

Milliken said he will issue a decision on the matter Wednesday or Thursday, but he indicated at the beginning of Tuesday’s hearing that he would rule in Dick’s favor.

Speaking of a campaign committee and an organization that opposes an opposition candidate, Milliken said, “It seems to me those may be different.”