Fresno County voters will reshape the makeup of the local Superior Court in this election cycle.

At least seven judges are not running for re-election, creating a path for new jurists to step up. This is big news because it is rare for one or two county judgeships to be open in a single election.

It is common practice for judges to retire in the middle of a six-year term. By state law, the governor appoints a replacement, resetting the election clock.

But if a judge chooses not to run for re-election, the people choose. As of Monday morning, voters could select up to seven judges. Contested ballots or races with no incumbent go to the voters.

The deadline for the 18 incumbents up for re-election is Wednesday, Feb. 4. If an incumbent does not run, the filing deadline extends five days to allow other candidates to run.

The election is June 2.

Who Is Out

Three judges have signaled they are not running by not pulling papers for re-election: Gregory Fain, D. Tyler Tharpe, and John Vogt.

Of the three, only Vogt has confirmed to GV Wire that he is not running.

Other judges pulled papers but later appeared to change their minds — Jonathan Conklin, Kimberly Nystrom-Geist, David Gottlieb, and Elizabeth Egan.

Gottlieb and Egan confirmed they are not running for re-election.

Fain (1998), Gottlieb (2005), Conklin (2005), Tharpe (2006) and Nystrom-Geist (2008) were appointed by Republican governors; Vogt and Egan won election to the bench.

A future appointee by a Republican governor is unlikely in California’s political climate.

Egan and Gottlieb said their decisions not to run again were more a coincidence of timing than related to the party of the governor.

The Fresno County court has 47 judges, with one current vacancy, and six commissioners. Gov. Gavin Newsom may appoint a judge to fill the vacancy of Arlan Harrell — whom Newsom appointed to the Court of Appeal last year.

The seat would not be on the ballot because the vacancy took place outside the election filing window.

Who is In

Incumbents running unopposed so far include Monica Diaz, Houry Sanderson, Melissa Baloian, Gabriel Brickey, Amy Guerra, Lisa Gamoian, Jeffrey Hamilton, James Kelley Jr., Raj Badhesha, Mary Vasquez, and Maria Diaz.

Running for Fain’s seat are Katherine Fogarty and Rosalina Nunez.

Fogarty is a court commissioner, a full-time jurist hired by the court to preside over cases. Commissioners have similar powers to judges.

Nunez is listed as a bankruptcy attorney.

Three other commissioners are planning to run: Daniel Brickey, Noelle Pebet, and Jennifer Hamilton.

Left to right: Fresno County Court Commissioners Noelle Pebet, Jennifer Hamilton, and Daniel Brickey plan to run for judge in separate races. (GV Wire Composite)

Brickey, the brother of Judge Gabriel Brickey, pulled papers for the Gottlieb seat. Pebet pulled papers for the Egan seat. Hamilton — the wife of Presiding Judge Jeffrey Hamilton — pulled papers to replace Nystrom-Geist.

Gottlieb praised his potential successor.

“I really admire his work as a commissioner and as an attorney. He appeared before me for many years and demonstrates the legal skill, preparation, and organizational tools necessary to become a very successful judicial officer,” Gottlieb said.

Egan is endorsing Pebet as her successor.

“I’m really excited for her; it’s her turn,” Egan said.

Two attorneys pulled papers to replace Vogt: Miles Harris and Jennifer L. Smith.

Harris is a Fresno criminal defense attorney. Smith is a veteran prosecutor in the Fresno County District Attorney’s Office.

Miles Harris (left) and Jennifer L. Smith pulled papers to run for Fresno County judge. (GV Wire Composite)
Paulson Making Run
Ashley Paulson

Ashley Paulson, a former prosecutor now serving as chief assistant city attorney at the Fresno City Attorney’s Office, pulled papers to run for the seat held by Conklin.

“I am running for judge because I believe public service at this level requires the law be applied fairly, thoughtfully, with integrity and with the impacts on the community we serve in mind. My experience has prepared me for the job,” Paulson said.

Fresno City Attorney Andrew Janz praised Paulson, saying she has successfully led the criminal prosecution unit since joining the office last year.

“She is an excellent candidate for Superior Court judge. I look forward to supporting her candidacy to become a judicial bench officer,” Janz said.

Hammerschmidt Wants to Fulfill Goal
Jeff Hammerschmidt

Jeff Hammerschmidt, a prominent Fresno criminal defense attorney, pulled papers to run for the seat currently held by Tharpe.

“It’s something I’ve wanted to do for a long time,” Hammerschmidt said.

Hammerschmidt moved to Fresno in the 1980s after earning his Juris Doctor from the University of Missouri School of Law. He has worked in private practice and spent five years as a prosecutor with the Fresno County District Attorney’s Office.

He also served as a legal adviser for the Fresno Police Department and as an instructor at San Joaquin College of Law.

“My approach would be the same as it was as a prosecutor: to be fair. My reputation as a prosecutor was that I tended to give breaks to first-time offenders, especially young people for whom a felony would be detrimental to their future. But for hardcore offenders, I was as tough as possible,” Hammerschmidt said.

Although he does not know Tharpe well, he respects the judge he hopes to replace.

“I had a really big case in front of Tyler Tharpe that I thought he did an exceptional job on. I felt it would be an honor to run for that position,” Hammerschmidt said.

Gottlieb Reflects on Career
Judge David Gottlieb

Gottlieb joined the bench in 2005 after being appointed by then-Gov. Arnold Schwarzenegger. He decided not to run for re-election because he is nearing his February 2027 retirement date, he told GV Wire.

“There are a lot of young commissioners who are extraordinarily qualified to be judges. Those factors combined swayed me to decide not to put my name in again,” said Gottlieb, who served as a commissioner before his appointment.

He is supporting Daniel Brickey as his successor.

“I think he will make an excellent judge. He has already shown himself to be an excellent commissioner, and it is a great opportunity for him to move forward with his career,” Gottlieb said.

Gottlieb said a highlight of his time on the bench was serving as presiding judge of the juvenile courts and opening the new juvenile justice campus in 2009.

“We did a huge amount of good for the community,” Gottlieb said.

Gottlieb said he took pleasure in seeing people turn their lives around.

“There have been some very difficult cases. Vehicular manslaughter cases are particularly challenging. Some of the three strikes cases I handled were also difficult, but in the end, it is all about serving the community. Seeing people change their lives in a positive way is among the most rewarding experiences I have had,” Gottlieb said.

Egan: From DA to Judge
Elizabeth Egan

Elizabeth Egan joined the legal profession later in life and quickly climbed the ladder.

She considered law school after college but instead worked in her family’s manufacturing business in Southern California.

Inspired by her brother — Tim Kams, a former Fresno County judge — Egan went to law school. Her first job was in the Fresno County District Attorney’s Office in 1996.

She won election for Fresno County district attorney, serving three terms from 2003 to 2015.

After serving 12 years as Fresno County district attorney, she won election to the bench in 2020. She decided to serve only one term.

“I really enjoy it. Moving to this judicial perspective in the justice system was a huge learning curve and really interesting and rewarding. But I just want more time,” Egan said.

Egan pulled papers to run but changed her mind during the holidays, deciding she wanted to spend more time with her family.

She compared her experiences as a prosecutor, district attorney, and judge.

“The sense of responsibility is immense in all those jobs. The district attorney’s office has to produce, and you have to have the resources to hire and retain people. That was gratifying, but it was tough during the recession,” Egan said.

“As a judge, every single case gets attention. I try to work them up ahead of time. Those are people — I am looking at a human being in every single case,” Egan said.

Presiding over vehicular manslaughter cases was the toughest, she said.

Egan said she does not know what her future looks like, including whether she will return to practicing law.

“Something that’s not as demanding wouldn’t be out of the picture, but I want to have a little bit of time,” Egan said.