Defense lawyers file brief
requesting Attorney General deny City permission
to seek Jew's removal from office
City Attorney Dennis Herrera is seeking Supervisor Ed Jew's removal
from office after finding overwhelming evidence against Jew's
claim that he is legally domiciled
in the district he represents.
From the Office of City Attorney Dennis Herrera
July 3, 2007, 7:29 p.m.
Lawyers for Supervisor Ed Jew filed a reply brief with Attorney
General Edmund G. Brown Jr. moments before the close of business
today arguing that City Attorney Dennis Herrera's quo warranto
petition, which seeks permission to sue for Jew's removal from
elective office, be denied. Among other arguments, Jew's attorneys
contend that the City Attorney's civil case should be stayed pending
the adjudication of criminal charges against the supervisor, who
represents San Francisco's District Four on the Board of Supervisors.
In response, City Attorney Dennis Herrera issued the following
"The citizens of San Francisco have a right to legitimate
representation in their democracy that clearly outweighs the right
of one politician to remain in office in violation of the law.
The evidence is overwhelming that Supervisor Jew failed to meet
the basic residency requirements to seek or continue to hold his
office. It would be a terrible injustice if the legitimacy of
our Board of Supervisors were to remain in doubt for the duration
of a criminal process, which could take years."
On June 18, 2007, Herrera initiated a legal action to remove
Jew from the Board of Supervisors following a four-week investigation
that convincingly demonstrated the supervisor's failure to comply
with residency requirements to seek or hold the office under the
City Charter. Under the quo warranto process in the California
Code of Civil Procedure, Herrera must petition the Attorney General
for permission to sue for the supervisor's removal in state Superior
Herrera's response brief is now due to Attorney General Jerry
Brown within ten days, by July 13, 2007.
A copy of Herrera's verified complaint, memorandum of points
and authorities, verified statement of facts, and several hundred
pages of evidence and declarations collected as part of the City
Attorney's investigation are available on the City Attorney's
Web site at: http://www.sfgov.org/cityattorney/.