The petition for writ of mandate filed by Councilmember John Mirisch alleging that he should be allowed to seek a fifth term of office is set for a hearing on Feb. 23 in the Los Angeles Superior Court. Mirisch is barred at present from running in the June 2026 election by a city ordinance limiting City Councilmembers to “three (3) total terms of office.”
As reported in the Courier, Mirisch filed his writ petition on Jan. 12 against Huma Ahmed, in her capacity as clerk of the city of Beverly Hills; the office of the city clerk; and the city of Beverly Hills. Mirisch argues in the petition that the city has unlawfully applied the term limits ordinance retroactively in his case.
At issue is whether the terms Mirisch served prior to the enactment of the ordinance should count as part of the three total terms set forth in the ordinance. The city’s position is that those terms do count and hence, refused to provide Mirisch with nomination papers as he requested on Feb. 10.
In anticipation of the Feb. 23 hearing, both sides have now filed their respective legal arguments and supporting authorities with the court. The city’s outside counsel, Frederic Woocher of the firm Strumwasser & Woocher LLP, argues, among other things, that the voters “unambiguously intended to count previously served terms against the three-term limit” in passing the ordinance (as Measure TL in 2022) with more than 81% of the vote.
Mirisch’s attorneys, Eric George and David Carroll of Ellis George LLP, rely heavily on the plain language of state law that allows limits to City Council terms on the condition that they are “prospective only.”
The matter is now before the Hon. Lisa K. Sepe-Wiesenfeld to decide. The Courier will update this story with the judge’s ruling on beverlyhillscourier.com.
