Brian Maienschein, one of the two Democrats running for city attorney, now represents the inland North County 76th District in the state Assembly and previously served on the City Council.
To help inform voters, the San Diego Union-Tribune asked both candidates a series of the same questions about their priorities, positions and campaigns. Their emailed answers have been lightly edited for clarity.
Why are you running, and what makes you the best candidate?
I want to help San Diego make progress on our biggest issues, including public safety, housing affordability, homelessness, gun safety and reproductive rights. I have always been a problem solver and will bring my legal skills and experience to this job. I am reasonable, rational and respectful.
I am the right person at the right time to be city attorney. I have practiced the law as an attorney, taught the law as a law professor and written the laws as a state Assembly member. I am the only candidate to be endorsed by San Diego police and district attorneys. My 100% voting record defending reproductive freedom earned me the endorsement of Planned Parenthood Action Fund of the Pacific Southwest.
What are the top 3 legal issues facing the city of San Diego?
Homelessness, gun violence prevention and reproductive freedom.
Competing and conflicting court rulings have created legal uncertainty across the country. The Boise and Grants Pass cases have tied the hands of local governments in responding to the homelessness crisis. The Supreme Court is set to hear several cases which can have detrimental impacts on California’s hard-fought gun violence prevention laws, including the United States v. Rahimi, which could put the lives of domestic violence victims at risk by allowing their abusers to access firearms. Finally, after the Supreme Court overturned Roe v. Wade, access to reproductive healthcare has become patchwork across the country. This has forced individual states and cities to respond.
San Diego needs a city attorney who can guide our city leaders through these legal uncertainties.
What are the first 3 things you would do in office if elected or reelected?
Expand enforcement of red flag laws to keep guns out of the hands of people who are a danger to themselves or others. Last year I secured $2 million for the San Diego City Attorney’s office to establish a Regional Gun Violence Response Task Force, and I look forward to leading this task force as city attorney.
Enforce the laws of the state of California and the city of San Diego to protect public safety and the environment.
Protect access to reproductive healthcare within the city of San Diego and defend a woman’s right to choose.
How should public safety and civil liberties be balanced when it comes to homelessness enforcement, behavioral health policy and police surveillance? How do you interpret the city’s legal obligations on these issues?
This is a policy decision for the mayor and council. My job will be to advise them of the current state of the law, and the legal implications of any actions they propose taking. Homeless people have civil rights, but so do everyone else. I will work to balance those rights when they conflict.
You have opposed a proposal to split the job you’re running for, leaving an appointed lawyer to advise the city. Why is that a bad idea, in your view?
The city attorney should be accountable to the public. It is the city attorney’s job to provide independent, objective legal advice to the mayor and City Council, even if it is contrary to what the policy makers want to hear.
The only way to accomplish that is to have the city attorney elected by the people. An appointed city attorney would be focused on keeping members of the council happy instead of representing the best interests of the people of San Diego. Checks and balances are essential in our democracy.
How can the city attorney’s office work most effectively relative to the mayor and council? How would you balance independence and trust? Cite examples you would emulate, or avoid, from the past, if relevant.
The current relationship between the mayor, council and the City Attorney’s Office leadership is dysfunctional. It has become clear that our city’s decisionmakers do not trust the legal advice they are receiving, and the ramifications of that lack of trust are apparent. My opponent is part of the problem.
I have both the trust and respect of our city leaders. They know I will always be honest. I will be an independent voice who protects the people of San Diego. Reestablishing trust is key to moving the city forward.
Who do you see the city attorney as representing, and how would you carry out that mandate?
The city attorney represents the citizens of San Diego and has an attorney-client relationship with the mayor and council. It is the city attorney’s job to enforce the law to keep San Diegans safe and protect their rights. The city attorney acts on behalf of the residents of San Diego to enforce consumer and taxpayer protections.
As the city’s chief prosecutor, the city attorney acts on behalf of the state of California to prosecute misdemeanor violations of state law.
Finally, the city attorney is the city’s chief legal adviser and is responsible for attorney-client relationship with the mayor and council. This includes advising the mayor, city council and city departments on the application of the law. The city attorney helps guide policymakers as they develop new laws to ensure any laws that are written are legally sound and enforceable.
