Former San Diego County Supervisor Nathan Fletcher is again using funds from his state Senate campaign to pay his hefty legal bills in a lawsuit accusing him of sexual assault.
Fisher & Phillips LLP, the firm representing Fletcher in the case, billed his campaign $200,000 for “professional services” in the first six months of this year, according to campaign finance disclosures. The bill had not been paid as of June 30.
In April, KPBS discovered that Fletcher’s dormant campaign had paid Fisher & Phillips more than $323,000 to cover his legal bills last year.
The lawsuit against Fletcher was filed last March by Grecia Figueroa, a former spokeswoman for the San Diego Metropolitan Transit System (MTS). The suit alleges that Fletcher, who was a county supervisor at the time, sexually assaulted Figueroa on multiple occasions. The lawsuit is still in the legal process.
Fletcher ended his bid for state Senate days before the lawsuit was filed and later resigned from his seat on the Board of Supervisors. But he still had more than $900,000 in his campaign. The campaign, though dormant, has maintained its active status with the California Secretary of State.
Fletcher may be testing the limits of what constitutes legal campaign spending, according to campaign finance experts, as he turns his political war chest into a sort of legal defense fund. The majority of Fletcher’s state Senate campaign spending has gone to his attorneys in the alleged sexual assault case.
La California Fair Political Practices Commission (California Fair Political Practices Commission FPPC)which oversees campaign finance enforcement, has received a complaint against Fletcher for his use of campaign funds for attorney fees in the case. The state commission is now considering whether to launch an investigation, which could provide legal clarity for similar situations in the future, experts say.
Fletcher has repeatedly denied the sexual assault allegations against him. He maintains the relationship was consensual and has mounted a vigorous defense, including a countersuit against Figueroa for defamation. Figueroa has changed lawyers several times in the case.
Jim Sutton, Fletcher’s campaign attorney, did not respond to requests for comment. In April, he told KPBS in an email that the expenses are legal because they are related to Fletcher’s candidacy.
“Ms. Figueroa and her attorneys have mentioned Mr. Fletcher’s public profile as a candidate for State Senate (sic) in all of their legal documents,” Sutton wrote. “In short, if it were not for his candidacy, there would be no lawsuit.”
Jack Holcomb, Figueroa’s attorney, denied the allegation in an email.
“Ms. Figueroa’s lawsuit is not politically motivated and speaks for itself,” he wrote.
According to the FPPC, a candidate may spend campaign money on matters “reasonably related to a political, legislative, or governmental purpose.” That includes attorneys’ fees in cases “directly related to the activities of the (campaign) that are consistent with its primary objectives.”
But Fletcher’s situation is not so clear.
“This is a somewhat murky area of the law,” said Jessica Levinson, a professor at Loyola Law School.
He also said state campaign finance laws offer wide latitude for candidates to spend campaign contributions. But there is one bright line they cannot cross: using the money for personal expenses.
“It all depends on whether the lawsuit is filed against Nathan Fletcher as an individual, or whether it’s filed against Nathan Fletcher because he’s a candidate,” Levinson said.
He said he believes the FPPC is likely to investigate the complaint that has been filed against Fletcher, in part because this specific situation is “a borderline case,” but also to provide clarity for other candidates in the future.
The complaint was filed in May by Amy Reichert, a small businesswoman who ran unsuccessfully for the District 4 seat on the County Board of Supervisors in two elections. Reichert ran against Fletcher in 2022 and then ran again for the seat last year after she resigned.
Jay Wierenga, communications director for the FPPC, confirmed in an email that the commission received the complaint and that it “remains under review by the Enforcement Division.”
Allison Hayward, a former FPPC commissioner, said the commission can take its time before deciding whether to launch an investigation into the complaint. She said the FPPC could wait until the lawsuit is resolved to have as much information as possible.
Based on the available facts and how broadly state campaign finance rules are written, she said Fletcher’s campaign funds would likely be allowed to be used for the lawsuit.
“I think it’s unlikely that it would violate the laws that exist right now,” she said.
However, Hayward added that while the spending might be legal, it could be unethical in the eyes of voters and taxpayers who supported Fletcher’s campaign for office.
“I find it a little misleading, and I think a lot of people do too,” she said.
