Months after former Lodi council member Shakir Khan was arrested on voter fraud charges and removed from his seat, he is now set to challenge the city in court to get his seat back. Khan’s defense attorney Allen Sawyer filed a motion on his behalf with the state Attorney General. “If we allowed councils to remove people they don’t like, or people that they don’t agree with, we would constantly be dealing with the removal of people from city council positions,” Sawyer said. Body camera video from the San Joaquin County Sheriff’s Office shows the day Khan signed a resignation letter written by Lodi Mayor Mikey Hothi.Khan claims he was coerced into signing.Sawyer believes it violated his right to due process.”Mr. Khan said he wanted an attorney. Everybody knew he had an attorney, so that was very improper,” Sawyer said. After reviewing Khan’s claims, the state attorney general issued an opinion saying there are “substantial legal and factual issues” with how the city determined Khan’s seat was vacant.The AG also questions if the council lawfully appointed his replacement.A city spokesperson told KCRA 3 that Hothi and the city council would not provide comment at this time. In a statement to KCRA 3, the city wrote, “The city has received a copy of the Attorney General’s opinion, and the council will be reviewing and discussing it with the city attorney and outside counsel.”Mark Reichel, a Sacramento attorney not involved in Khan’s case, weighed in.”It’s very rare to get an attorney general opinion on something,” Reichel said. “That means they think it’s important.” Reichel believes this matter violates democracy.”This is a person who was elected by majority of his constituents,” Reichel said. “To come in and say, ‘You must resign now because you’ve been arrested’ is a crime against democracy.”Sawyer said any decisions regarding an elected official’s position should be left to the voters. “If they didn’t like what he was doing, then they can un-elect him. Other city council members can’t make that decision for voters,” Sawyer said. According to Sawyer, getting a motion before the AG is not something that happens commonly, as thousands of cases, even from San Joaquin County, have been brought forward for consideration. Reichel believes the reason Khan’s case was heard is because it involves the greater community. He weighed in on how he thinks it will play out. “My prediction is he’s going to win this suit,” Reichel said. “You’re charged with a crime. It doesn’t mean you automatically have to lose your job.”When asked if the city of Lodi could face penalties if any wrongdoing on their behalf is found, Reichel said it’s possible the city could be sued, and that the money would ultimately come from taxpayers. Sawyer and Reichel say they expect this to be a speedy process. “This may be the rare occasion where justice is very swift,” Reichel said. “This could be resolved within three months or less. The city could decide to just agree with them, too.”Khan and his attorney will be at the San Joaquin County courthouse Dec. 11.
Months after former Lodi council member Shakir Khan was arrested on voter fraud charges and removed from his seat, he is now set to challenge the city in court to get his seat back.
Khan’s defense attorney Allen Sawyer filed a motion on his behalf with the state Attorney General.
“If we allowed councils to remove people they don’t like, or people that they don’t agree with, we would constantly be dealing with the removal of people from city council positions,” Sawyer said.
Body camera video from the San Joaquin County Sheriff’s Office shows the day Khan signed a resignation letter written by Lodi Mayor Mikey Hothi.
Khan claims he was coerced into signing.
Sawyer believes it violated his right to due process.
“Mr. Khan said he wanted an attorney. Everybody knew he had an attorney, so that was very improper,” Sawyer said.
After reviewing Khan’s claims, the state attorney general issued an opinion saying there are “substantial legal and factual issues” with how the city determined Khan’s seat was vacant.
The AG also questions if the council lawfully appointed his replacement.
A city spokesperson told KCRA 3 that Hothi and the city council would not provide comment at this time.
In a statement to KCRA 3, the city wrote, “The city has received a copy of the Attorney General’s opinion, and the council will be reviewing and discussing it with the city attorney and outside counsel.”
Mark Reichel, a Sacramento attorney not involved in Khan’s case, weighed in.
“It’s very rare to get an attorney general opinion on something,” Reichel said. “That means they think it’s important.”
Reichel believes this matter violates democracy.
“This is a person who was elected by majority of his constituents,” Reichel said. “To come in and say, ‘You must resign now because you’ve been arrested’ is a crime against democracy.”
Sawyer said any decisions regarding an elected official’s position should be left to the voters.
“If they didn’t like what he was doing, then they can un-elect him. Other city council members can’t make that decision for voters,” Sawyer said.
According to Sawyer, getting a motion before the AG is not something that happens commonly, as thousands of cases, even from San Joaquin County, have been brought forward for consideration.
Reichel believes the reason Khan’s case was heard is because it involves the greater community. He weighed in on how he thinks it will play out.
“My prediction is he’s going to win this suit,” Reichel said. “You’re charged with a crime. It doesn’t mean you automatically have to lose your job.”
When asked if the city of Lodi could face penalties if any wrongdoing on their behalf is found, Reichel said it’s possible the city could be sued, and that the money would ultimately come from taxpayers.
Sawyer and Reichel say they expect this to be a speedy process.
“This may be the rare occasion where justice is very swift,” Reichel said. “This could be resolved within three months or less. The city could decide to just agree with them, too.”
Khan and his attorney will be at the San Joaquin County courthouse Dec. 11.
