State removes judge from Fresno Co. tax lawsuit case. Replacement judge raises conflict concerns.

Fresno County Judge Bob Whalen will no longer hear the county’s lawsuit against the state over the Better Roads, Safe Streets ballot initiative. 

The State of California motioned to remove Whalen from the case, claiming Whalen is prejudiced against the state. 

The big picture: After Fresno County initiated litigation against the state last week over Assembly Bill 1923 and the Better Roads, Safe Streets tax, Whalen was assigned to handle the case. 

But California Attorney General Rob Bonta filed a peremptory challenge to remove Whalen from the case. 

Deputy Attorney General Derin McLeod submitted a declaration stating that Whalen is prejudiced against the state and that the state believes it cannot have a fair and impartial trial or hearing with Whalen. 

What we’re watching: With Whalen out of the picture, the case has been assigned to Judge Virna Santos. 

Fresno County has asked for an immediate hearing to consider a temporary restraining order ahead of the Sep. 9 deadline to print the ballot, but the case does not have a set hearing date yet. 

Santos could be disqualified: The case could end up in front of a third judge given Santos’ history with Asm. Esmeralda Soria (D–Fresno), who authored AB 1923 to force Fresno County to place the Better Roads, Safe Streets tax on the November ballot. 

Santos represented Soria and three other Fresno City Councilmembers in 2021 when they were under investigation from the Fresno County District Attorney’s Office for alleged Brown Act violations. The District Attorney’s Office ultimately did not file any charges.