They’re both attorneys and they’re both Democrats, but beyond that Brian Maienschein and Heather Ferbert have worked hard to show voters they’re different candidates. Each, of course, says their strengths make them the ideal candidate for San Diego City Attorney.

The city attorney prosecutes misdemeanors in San Diego and acts as the city's chief counsel, representing it in civil cases and providing legal advice on policy decisions, according to Axios San Diego. The job calls for providing legal counsel to the mayor and City Council, and to be an independent elected official that answers to voters.

To win this election, the candidates need to appeal to No Party Preference (NPP) voters and Republicans without alienating their Democratic supporters.

Ferbert has argued that Maienschein is unqualified because he has not practiced law while in public office, Axios reported. “Maienschein has, in turn, argued that the tense relationship between the city attorney and other city officials show the importance of his political relationships.”

As Chief Deputy City Attorney, Ferbert has defended women’s rights, opened emergency homeless shelters, protected the city’s parks and waterways, and stopped million-dollar real estate fraud scams.

Ferbert currently leads the city’s legal team that advises the City Council. This role has put her in the middle of controversial legal positions taken by the City Attorney that have been criticized as being responsible for significant financial losses in city real estate transactions and in a number of courtroom defeats.

The office was also severely criticized for sponsoring legislation in Sacramento to weaken the Public Records Act — a move that Maienschein and the Legislature rejected.

As Chair of the California State Assembly Judiciary Committee, Maienschein oversaw the creation of state laws that guide our judicial system. His campaign website says: 

“Brian wrote landmark legislation that transformed California’s conservatorship system to protect individuals with disabilities and help those with mental health issues and substance use disorders get treatment. In 2023, he won tougher prison sentences for sex trafficking crimes against children and worked with the Attorney General on laws to protect consumers.”

Given the steady growth of No Party Preference voters (NPPs) in and around San Diego, political analysts believe the city attorney candidate who connects with independent voters without alienating their base of support will likely succeed on Election Day. 

In the City of San Diego, NPPs outnumber Republican voters – 24% to 22% – with Democratic registered voters accounting for 47% of the voting population.

Ferbert: The Insider

Ferbert portrays herself as an anti-politician and an experienced attorney who will hit the ground running on day one. “For Heather, it’s always about making a real difference for the people – never politics,” her campaign website says.

A graduate of the University of San Diego School of Law, Ferbert is active in the Lawyer's Club of San Diego, the women’s bar association, and is an adjunct professor at the San Diego School of Law. 

She lives in the Normal Heights neighborhood with her husband, Andrew, and their daughter.

Her endorsements include the San Diego Municipal Employee Association and the Deputy City Attorneys Association. She also is backed by several Democratic clubs, gun prevention groups, and outgoing City Attorney Mara Elliott.

“I trust Heather Ferbert to put her extraordinary legal qualifications to work protecting the taxpayers, getting illegal guns off the street, and ensuring the independence of the City Attorney’s Office,” Elliott says.

In the run-up to the primary election that Ferbert won (53% to Maienschein’s 47%), she questioned his eligibility, but outside legal counsel hired by the city ruled in Maienschein’s favor.

Maienschein: The Elected Leader

As with Herbert, gun violence prevention is a key issue for Maienschein who touts his work as an Assemblymember in Sacramento to “secure over $2 million to further the San Diego City Attorney’s gun violence prevention efforts.”

The former two-term San Diego City Councilmember leans into his political background and problem-solving experience, saying it would help him better represent the city if elected. 

“A proven leader who works across party lines, Brian Maienschein brings a record of getting things done for San Diego,” his campaign website says.

It adds: “Brian grew up in San Diego County and has been a leading voice for our region, fighting for safe communities, defending Planned Parenthood, addressing health care needs, supporting small businesses, expanding workers’ rights, and protecting our environment. Brian has secured millions of dollars in funding for San Diego.”

A graduate of Cal Western School of Law, Maienschein worked as a law clerk in San Diego Superior Court before entering private practice. He is a law school professor, teaching election law at University of San Diego.

Maienshein is endorsed by District Attorney Summer Stephan (a registered independent), who said:

“I support Brian Maienschein for City Attorney because he strengthened laws on child predators, and fought for stronger laws on retail thieves and fentanyl dealers. As City Attorney, Brian will be a strong partner in reducing homelessness and keeping San Diegans safe.”

He is also supported by the local Democratic Party, the District Attorney’s Association and City Police and Firefighter Associations.

Maienschein has endorsed the San Diego More Choice Initiative.

His name ID will certainly help him with voters, and he does have a track record of working across the party aisle to achieve results for San Diego. 

Will that be enough to overcome Ferbert’s ballot title? Will her insider status inside the current City Attorney’s office hurt or help her? 

What’s at Stake?

The City Charter requires the City Attorney to provide the City Council with legal advice, ensuring the full disclosure of information concerning ownership and terms of real estate transactions, and is responsible for signing all real estate contracts. 

Ferbert’s role in the City Attorney’s decision to sign the purchase agreement on 101 Ash despite publicly opposing the purchase may represent the most consequential difference between the legal views of the two candidates. 

Maienschein has stated that he believes the City Attorney has the power and obligation not to sign agreements that are in his judgment illegal or in conflict with the city’s legal interests.

Given that both candidates are Democrats, Republicans and NPP voters are expected to determine the outcome.