Lodi City Council member facing election charges was "coerced" to resign, attorney says
LODI -- A Lodi City Council member facing election fraud charges made his first court appearance Friday and was released with stipulations.
On Thursday morning, the San Joaquin County Sheriff's Office announced that Shakir Khan, who was already facing criminal charges, had been arrested on new charges that are related to the 2020 election.
Later Thursday morning, Khan resigned from the city council, according to Lodi Mayor Mikey Hothi. By Thursday night, Khan's attorney rebutted the statement Khan resigned and said he was "under duress" and the resignation was coerced.
The back and forth between Khan's attorney and the City of Lodi, including the San Joaquin County Sheriff, continued outside of a San Joaquin courtroom after Khan's arraignment on the election fraud charges.
"At that time, at that moment, he didn't officially resign… it's inappropriate," said Allen Sawyer, Khan's attorney.
When asked about the legitimacy of Khan's resignation, the City of Lodi Mayor Mikey Hothi said it stands and Khan is a "former" city council member.
"Given the new counts, on top of existing counts, the only thing was to ask for his resignation, which he fortunately accepted. It's like a dark cloud lifted over city hall," said Hothi.
Hothi visited Khan at the jail on Thursday, it was during this meeting that Khan resigned. He signed a paper that said as much, according to Hothi, that was then taken to the City of Lodi Clerk's Office and accepted.
"If the city of Lodi intends to enforce what I think is a bogus resignation, they're going to enter into significant federal litigation," said Sawyer.
San Joaquin County Sheriff Patrick Withrow backed the City of Lodi's handling of the resignation, as well as his own department's investigation. He noted this wasn't a speedy investigation, but a "years-long" one.
"We didn't do a two-week investigation, we took years to go through every little part of this to make sure everything is examined on all sides," said Sheriff Withrow.
Khan will be back in court on February 21. He was released from custody on Friday with stipulations that include wearing an ankle monitor, not leaving California, and being subject to random searches at all times.
The Lodi City Council will take up the issue of filling Khan's seat at its Tuesday meeting. Hothi said options to fill the vacancy may include appointing a new council member or a special election. All of the options, he said, must be approved by the city council.