Ross Mirkarimi's New Lawyer, David Waggoner, Has Beaten Ethics Commission Repeatedly

By Joe Eskenazi Wed., Mar. 21 2012 at 4:35 PM

David Waggoner, Ross Mirkarimi's latest attorney

The mayor and city attorney earlier today disseminated their case against suspended Sheriff Ross Mirkarimi -- in writing. It was a curious read; the city attorney has attempted to decouple the notion that "official misconduct" must be committed while "on the job." Lee's assertion is that any elected official who "falls below the standard of decency, good faith, and right action impliedly required of all public officers," is ripe for the mayor's boot.

Unless, of course, it is the mayor.

Our other favorite passage was the allegation that Mirkarimi is guilty of misconduct because he allegedly told his wife "he could win custody of their child because he was very powerful." Apparently it's now a firing offense to be a dick during an argument with your wife. Under that precedent, if Mirkarimi had told his wife he could do her some kind of favor because he is very powerful, he'd be up for termination as well.

But we digress. This is all fodder for Mirkarimi's new attorney, David Waggoner -- not to be confused with his old attorney, Robert Waggener (who called him a "tyrant" and was soon off the case). And you could do worse than hiring this new Waggoner for a trial before the Ethics Commission -- because he's made a cottage industry out of beating them like a piñata.

In 2007, he managed to have the fine against volunteer campaign treasurer Carolyn Knee knocked down exactly 99 percent -- from $26,700 to $267. In 2008, he got former Supervisor Tony Hall, who was facing $240,000 in potential fines, off with a slap on the wrist. And in '09, our more loyal readers may remember him beating charges levied against serial Ethics whistleblower Oliver Luby.

Of course, this may be the most difficult Ethics case handed to Waggoner yet (and Ethics is the city's most ironically named commission). As we noted yesterday, even weak arguments to remove Mirkarimi from office -- he allegedly denied his family food ... and he's responsible for feeding prisoners! -- may suffice, considering the political blowback for anyone who sticks their neck out to keep him around.

Still, it seems hiring Waggoner may be the first good move Mirkarimi has made since this whole affair went public.

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Tags:

David Waggoner, David Waggoner Ethics, Dennis Herrera, Ed Lee, Ethics Commission, Ross Mirkarimi, Ross Mirkarimi domestic violence allegation

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agnesangst

as i wrote several months ago before the facts actually came out,to the chronicle(and never printed),ross could be both guitly and the prosecution politically motivated.to see the facts one must know how our d.a. handled abuse cases in l.a.,where he was a career police officer,who steadily rosein raqnk.i tried to track him,to see if he was there and in what capacity when oj simpson kept beating up his wife and threatening her life and nothing was done.i was unable to. lets see some reports of women sent to the hospital by husbands or boyfriends,and the consequences meted out., thank you, nancy nichols

Marsha

Ross, listen up here: From over 100 comments to sfgate.com on Monday, only about 5 supported you. Your arrogant denial of the fact you need to be above reproach to be the Sheriff who jails others who bruise their wives is offensive, inappropriate and shows that you are not qualified ethically or morally to be Sheriff. Your staff has spoken up and said they're in turmoil with you around. If you keep this up, more friends will desert you. Stop while you might still be able to get a job in Fresno doing something that you don't deal with the public. The supervisors still have something to preserve. You don't.

coppersmom

Meanwhile the domestic violence women had made this their cause celebre. Not for a beating, breaking, bloodying ,hitting allegation, but for a bruise? They don't want to listen to the bruisee.because after all she is a woman and doesn't know what's in her own mind. These banshees can't think of any scenario in which a spouse might restrain the other spouse from doing something really stupid? cuz men are always evil?? Meanwhile,cross town a truly battered woman with a broken arm and a bloody nose wonders why the hell they don't care about her....they're too busy being part of a political railroading.

cremebrulee

coppersmom, we've missed you!

coppersmom

and you've missed me because SFGATE very early on in this case when I was raising the attorney/client question about Phil Bronstein's beloved IVory Madison...SFGATE barred me from commenting. It hasn't kept me quiet..except for on their site...no so strange when you know the back story.

ssdd

And I care what Joe Eskanazi thinks because?

coppersmom

you are obviously caring enough to read the story. Why?

anon

Well how about obstruction of justice and dissuading witnesses? How about the abuse? Kind of hard to beat and his other cases were small potatoes compared to this bomb. Anyway, if the Stupidvisors won't lower the boom, bring on the recall!

Smirk is toast.

coppersmom

So now ..the Chronicle whose bias in this matter has been overwhelming...now prints pieces from SF Weekly because ??? too much trouble to do any real reporting?