Ross Mirkarimi’s challenge of Mayor Ed Lee’s suspension of him as sheriff will be heard by Judge Harold Kahn on April 18.
Mirkarimi’s attorney filed a writ this week to overturn the suspension after Mirkarimi’s guilty plea for falsely imprisoning his wife. Lawyer David Waggoner says public officials can’t be removed for official misconduct unless their crimes occurred while they were in office. Mirkarimi took office one week after the incident.
He pleaded guilty to a misdemeanor March 12.
Waggoner also argues that false imprisonment is not a crime of moral turpitude, and that Mirkarimi’s suspension without pay is a denial of his right to due process.