FRESNO COUNTY, Calif. (KFSN) — A lawsuit filed by Fresno County against the State of California is temporarily without a judge after two judicial recusals.<\/p>\n
The Fresno County Board of Supervisors voted last week to sue the state over Assembly Bill 1923, legislation that would replace the half-cent transportation tax known as Measure C, which funds county road and infrastructure projects. Since the lawsuit was filed, both sides have successfully sought to remove judges assigned to hear the case.<\/p>\n
“They have an absolute right to recuse someone. They do not have to give a reason other than to say, ‘We feel that this judge will be prejudice against us,'” ABC30 legal analyst Tony Capozzi said.<\/p>\n
The state sought to remove Fresno County Superior Court Judge Robert Whelan. Under the legal standard governing such motions, the state did not provide additional details in its filing.<\/p>\n
Capozzi said Whelan’s previous service on the Clovis City Council could have been a factor.<\/p>\n
“One of the people that’s a real party of interest in this case is Lynne Ashbeck and she’s been on the Clovis City Council,” Capozzi said. “And I think the parties may have felt that he might be biased one way or the other.”<\/p>\n
After Whelan was removed from the case, it was reassigned to Judge Virna Santos. On Monday, Fresno County filed a motion to remove her as well.<\/p>\n
In a statement to Action News, Fresno County Supervisor Garry Bredefeld said, “Legal counsel made the recommendation because the judge had previously personally represented the author of the legislation at issue in another legal matter.”<\/p>\n
The author of the legislation is state Assemblywoman Esmeralda Soria.<\/p>\n
Despite the judge reassignments, Capozzi said procedural deadlines in the case remain in effect and should allow the lawsuit to continue moving forward.<\/p>\n
“Once the complaint is filed, the defendants have a certain period of time, 20 or 30 days, to file an answer to the complaint. Those statutory requirements are still there. They still have to file all the paperwork. So getting another judge isn’t going to make any difference at this point,” Capozzi said.<\/p>\n
A new judge has not yet been assigned to the case.<\/p>\n
Action News reached out to Attorney General Rob Bonta’s office for comment on their decision to remove Judge Whelan.<\/p>\n
They said they have nothing further to share beyond what is available in public filings.<\/p>\n
For news and weather updates, follow Kerry Mannix on Instagram<\/a>.<\/p>\n Copyright \u00a9 2026 KFSN-TV. All Rights Reserved.<\/p>\n