![\"Judge](\"https:\/\/www.newsbeep.com\/us-ca\/wp-content\/uploads\/2026\/08\/WHELAN_SANTOS.jpg\" "\\"Judge")
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Judge Robert Whelan, left, and Judge Virna Santos, right, from handout photos.<\/p>\n
A second judge has been booted from a lawsuit that could decide when a Fresno County tax measure will be on the ballot.<\/p>\n
On Tuesday, Fresno County filed a peremptory challenge to Judge Virna Santos<\/a>, automatically removing her from the case.<\/p>\n In the motion, attorney Brian Hildreth wrote that the county believes Santos \u201cis prejudiced against the Plaintiffs-Petitioners.\u201d The motion did not spell out the reasoning.<\/p>\n On Friday, state Attorney General Rob Bonta made a similar motion<\/a> to remove the originally assigned judge, Robert Whalen. As well, the motion did not spell out the reasoning.<\/p>\n Fresno County is challenging a state law that forces Measure S \u2014 the Better Roads, Safe Streets campaign for a countywide tax measure \u2014 on the Nov. 3 ballot.<\/p>\n At a meeting last week, the county Board of Supervisors placed the measure on the March 7, 2028, ballot. But a bill authored by Assemblywoman Esmeralda Soria, D-Fresno, and signed into law four days later, circumvented the county\u2019s power to set the election date.<\/p>\n The court has yet to post information on the third judge assigned in the case. The court docket lists no date for the initial hearing.<\/p>\n Why parties wanted judges gone<\/p>\n Although neither side spelled out its belief of prejudice in the respective court filings, Fresno County Board of Supervisors Chair Garry Bredefeld explained the county\u2019s position to The Fresno Bee.<\/p>\n \u201cLegal counsel made the recommendation because the judge (Santos) had previously personally represented the author (Soria) of the legislation at issue in another legal matter,\u201d Bredefeld said.<\/p>\n Prior to her 2022 appointment to the bench by Gov. Gavin Newsom, Santos \u2014 then a private-practice attorney \u2014 represented four Fresno city councilmembers \u2014 Miguel Arias, Nelson Esparza, Tyler Maxwell and Soria. At the time, the Fresno County District Attorney\u2019s Office was investigating the four councilmembers for violations of the Brown Act, the state\u2019s open meeting laws.<\/p>\n No charges were ever filed.<\/p>\n The state would not detail its reasoning to remove Whalen \u2014 a former county prosecutor and Clovis city councilman \u2014 when asked by The Bee.<\/p>\n \u201cWe have nothing further to share beyond what can be found in publicly available filings,\u201d a spokesperson for Bonta said.<\/p>\n When they started on the bench, Santos was a registered Democrat; Whalen \u2014 who won a 2022 election to the bench \u2014 was a Republican.<\/p>\n This story was originally published August 19, 2026 at 1:26 PM.<\/p>\n