Mike Aguirre

Jules Michael Aguirre[1] (born 1949), more commonly known as Michael Jules Aguirre, was the City Attorney for the City of San Diego, California, from 2004 to 2008.

Mike Aguirre
City Attorney of San Diego
In office
2004–2008
Preceded byCasey Gwinn
Succeeded byJan Goldsmith
Personal details
Political partyDemocratic
EducationArizona State University (B.A.)
University of California, Berkeley (J.D.)
ProfessionLawyer
Politician

In 2013, he was a candidate for mayor in a special election following Mayor Bob Filner's resignation. He lost to Kevin Faulconer, placing fourth in a field of eleven candidates.

Early life

Aguirre was born to Julio and Margaret Aguirre. His father was of Spanish and Mexican descent and his mother is of Mexican descent.

Early career

Aguirre worked as Assistant U.S. Attorney for the Department of Justice and directed a grand jury investigation of pension racketeering. He was then appointed as assistant counsel to the U.S. Senate's Permanent Subcommittee on Investigations. After leaving government work, Aguirre set up his own firm specializing in securities fraud.

In the 1990s, Aguirre continued his securities practice and his electoral campaigns. In 1990, Aguirre allied with the Chicano Movement to file a successful federal voting rights lawsuit to overturn San Diego’s redistricting. In 1993, Aguirre successfully defended the United Farm Workers Union in Yuma, Arizona, in a case with lettuce grower Bruce Church. Aguirre took over the defense of the case after UFW President Cesar Chavez died following two days of testimony. Aguirre finished the jury trial, which the UFW lost, but he succeeded in getting the case overturned on appeal.[2]

In 1996, Aguirre went to court to throw out a 1995 contract between the City of San Diego and the San Diego Chargers football team. In the contract, the city agreed to issue $60 million of bonds to renovate the football team's stadium, and, in a controversial clause, promised to constantly maintain the stadium as a state-of-the-art venue. The city had also agreed to guarantee the sale of 60,000 game tickets at prices to be set by the Chargers. Aguirre’s suit and the ensuing scandal surrounding the maintenance clause compelled the city to renegotiate with the Chargers in 1998.

City Attorney

Aguirre ran for San Diego City Attorney in 2004, in the midst of a financial crisis and investigations by the Securities and Exchange Commission. Scandal had erupted in the summer of 2003 over a pension deal that municipal employees received between 1996 and 2002. Workers were given increased benefits during this period, but the city did not contribute enough to municipal pension funds to cover the increased benefits. The resulting deficit of some $1.4 billion left the city’s finances in shambles and made it virtually impossible to issue municipal bonds. Aguirre ran as a "clean up the mess" outsider, with support from Democrats in the officially nonpartisan race, and won with 50.4% of the vote.[3] A 2008 Wall Street Journal article praised Aguirre’s efforts to address the City of San Diego's hundreds of millions of dollars of unfunded pension liabilities.[4]

In October 2007, the San Diego Union-Tribune reported that during the California wildfires of October 2007, Aguirre had called for an evacuation of the entire City of San Diego.[5] Aguirre was heavily criticized for the idea but said that the paper had distorted his position. Aguirre's claim was that he had written a memo to the San Diego Mayor at the height of the fires, advising that the city should draw up a voluntary evacuation plan in light of federal regulations, the immediate threat of the fire, as well as concerns over weather conditions and air quality.[6]

As City Attorney, Aguirre filed a legal action to force a developer to reduce the height of an already constructed office building near an airport. Federal Aviation Administration officials had later determined that the height of the building posed a threat to public safety, even if a city building permit had been issued. In 2009, a California Superior Court judge affirmed the City Attorney's position by determining the developer had no legal right to erect the building to the unsafe height, and the top several stories were ordered to be removed from the building.

In 2005, immediately upon taking office, Aguirre attempted unsuccessfully to overturn a city grant of $900 million in pension benefits to police and other city workers, which Aguirre contended had been illegal.[7]

Aguirre sued Countrywide Financial in July 2008 over lending practices [8] and convinced a federal multi-district litigation judicial panel to move all Countrywide Financial foreclosure cases to the jurisdiction of the City of San Diego.

In 2008, Aguirre ran for a second term as City Attorney but was challenged by several other candidates. The president of the San Diego City Council Scott Peters ran with the backing of city unions, while Superior Court Judge Jan Goldsmith was backed by the Republican political establishment. In the five-candidate nonpartisan primary election in June 2008, Aguirre qualified for the general election by coming in second place after Goldsmith. In the general election on November 4, 2008, Aguirre lost to Goldsmith: 59.5 percent to 40.5 percent.[9]

After leaving office

After leaving his post as City Attorney, Aguirre returned to private legal practice by forming the law firm of Aguirre Morris & Severson, along with two colleagues from the City Attorney's office: Mia Severson, who had headed the City Attorney's civil litigation division; and Chris Morris, who had headed the City's Criminal Division. Aguirre also started the National Center for Regulatory Reform, which has issued extensive reports on the Market Crash of 2008.

Following the resignation of Mayor Bob Filner in August 2013, Aguirre declared his intention to run in the special election for mayor to replace him.[10] In the primary election held November 19, 2013, Aguirre came in a distant fourth with 4.44 percent of the vote, and thus did not advance to the runoff election held in November.[11]

In 2014, Aguirre represented a woman named Ruth Hendricks who was challenging the $4.7 billion settlement deal for the failed San Onofre nuclear plant in San Diego County. His questions during the settlement approval process were not addressed.[12] By 2015, his questions about backchannel dealings between regulators and utility companies were being taken more seriously, as criminal investigators seized notes from a secret meeting in Poland where the framework of a San Onofre deal was first discussed. [13]

Electoral history
2004 San Diego City Attorney election
Candidate First-round[14] Runoff[15]
Votes % Votes %
Michael J. Aguirre 104,610 45.93 206,594 50.23
Leslie Devaney 63,664 27.95 203,301 49.43
Deborah L. Berger 59,335 26.05
Total 227,782 100 411,332 100
2008 San Diego City Attorney election
Candidate First-round[16] Runoff[17]
Votes % Votes %
Jan Goldsmith 68,326 32.22 278,830 52.89
Michael J. Aguirre (incumbent) 61,257 28.89 189,628 40.38
Scott Peters 43,295 20.42
Brian Maienschein 26,267 12.39
Amy J. Lepine 12,687 5.98
Total 212,035 100 469,663 100
2013–14 San Diego mayoral special election
Candidate First-round[18] Runoff[19]
Votes % Votes %
Kevin Faulconer 101,953 42.08 153,491 52.89
David Alvarez 65,740 27.13 136,701 47.11
Nathan Fletcher 58,355 24.09
Mike Aguirre 10,783 4.45
Lincoln Pickard 1,144 0.47
Bruce Coons 1,012 0.42
S. "Simon" Moghadam 748 0.31
Hud Collins 647 0.27
Michael A. Kemmer 612 0.25
Harry Dirks 434 0.18
Tobiah L. Pettus 344 0.14
Total 242,282 100 290,192 100

References
  1. "VitalSearch California Birth Records".
  2. Perry, Tony (February 15, 1996). "Farm Workers Win Round in Court; Labor: Appellate panel voids $3.7-million award won by lettuce grower. A third trial is now possible". Los Angeles Times. Retrieved 4 November 2013.
  3. City of San Diego election results, November 2004
  4. A San Diego Retirement
  5. Vigil, Jennifer (October 24, 2007). "Aguirre wants San Diego evacuated in wake of wildfires". SignOnSanDiego.com. San Diego Union Tribune. Archived from the original on October 26, 2007. Retrieved 2007-10-24.
  6. Braun, Gerry (November 28, 2007). "Heat likely to stay on Aguirre for fire memo". San Diego Union Tribune. Retrieved 31 August 2013.
  7. Gustafson, Craig (October 4, 2013). "Aguirre looks for redemption". San Diego Union Tribune. Retrieved 4 November 2013.
  8. City Attorney Sues Countrywide To Stop Foreclosures - San Diego News Story - KGTV San Diego
  9. City Attorney election results
  10. "Latest: Former city attorney Mike Aguirre to join mayoral race". San Diego 6. August 31, 2013. Retrieved 31 August 2013.
  11. "San Diego mayor race: Alvarez, Faulconer expected to meet in runoff". ABC 10 News. November 19, 2013. Archived from the original on 3 December 2013. Retrieved 20 November 2013.
  12. Lee, Morgan. "Utility regulator cusses, avoids question", The San Diego Union-Tribune, San Diego, 21 May 2014. Retrieved on 23 May 2015.
  13. McDonald, Jeff. "AG cites possible felony crime in raid on ex-utility boss", The San Diego Union-Tribune, San Diego, 30 January 2015. Retrieved on 23 May 2015.
  14. "COUNTY OF SAN DIEGO PRIMARY ELECTION - MARCH 2, 2004 (Results for San Diego County only) Final Official Results" (PDF). San Diego County. 13 April 2004. Retrieved 27 September 2020.
  15. "COUNTY OF SAN DIEGO GENERAL ELECTION - NOVEMBER 2, 2004 (Results for San Diego County only) Final Official Results" (PDF). San Diego County. 30 November 2004. Retrieved 27 September 2020.
  16. "COUNTY OF SAN DIEGO DIRECT PRIMARY ELECTION Tuesday, June 3, 2008 Official Results (San Diego County Portion Only) #14 Final" (PDF). San Diego County. 7 July 2008. Retrieved 27 September 2020.
  17. "COUNTY OF SAN DIEGO PRESIDENTIAL GENERAL ELECTION Tuesday, November 4, 2008 Final Official Results (San Diego County Portion Only)" (PDF). San Diego County. 2 December 2008. Retrieved 27 September 2020.
  18. "CITY OF SAN DIEGO SPECIAL MUNICIPAL ELECTION Tuesday, November 19, 2013 Official Results" (PDF). San Diego County. 12 December 2013. Retrieved 27 September 2020.
  19. "COUNTY OF SAN DIEGO SPECIAL CONSOLIDATED ELECTION Tuesday, February 11, 2014 Official Results" (PDF). San Diego County. 28 February 2014. Retrieved 27 September 2020.
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