City Attorney Mike Aguirre’s removal from the misdemeanor case against Sunroad Enterprises executive Tom Story this afternoon leaves uncertain who will pick up the prosecution.

At least one prosecutor has asked that it not carry the case: District Attorney Bonnie Dumanis.

Dumanis filed a request with the court yesterday to make the city hire “special counsel” to continue the prosecution of Story, who was charged with breaking the city’s lobbying rules.

The district attorney said her office has no jurisdiction over the San Diego Municipal Code, where the lobbying rules are outlined. When municipal code violations are charged in other San Diego County cities that don’t employ a criminal division in their city attorneys’ offices, outside counsel is always hired as prosecutors, Dumanis said.

You can read Dumanis’ filing here.


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