SAN FRANCISCO (KCBS) – Ross Mirkarimi filed a legal challenge in San Francisco Superior Court Tuesday seeking to overturn his suspension as sheriff on grounds of official misconduct.
The filing argues that Mirkarimi was unlawfully suspended because the domestic violence incident that prompted him to plead guilty to one count of false imprisonment happened before he was sworn into office.
San Francisco Mayor Ed Lee said he was not surprised that Mirkarimi was contesting the suspension.
“We expected him to, and he said that he would fight this,” Lee said.
KCBS’ Doug Sovern Reports:
Lee suspended Mirkarimi on March 20, days after he pleaded guilty to one count of falsely imprisoning his wife Eliana Lopez during a fight in their home on New Year’s Eve.
The writ filed by Mirkarimi’s new lawyer, David Waggoner, contends due process was denied because the misdemeanor charge Mirkarimi accepted in a plea deal does not constitute moral turpitude.
The filing also claims the language of the San Francisco City Charter that defines “official misconduct” is unconstitutionally vague.
The court must now set a date to hear arguments on whether it should overrule Mayor Lee and reinstate Mirkarimi as sheriff.
(Copyright 2012 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)