Fresno County’s Lawsuit Over Transportation Tax Stalled After Two Judges Recuse Themselves

The Fresno County Board of Supervisors’ lawsuit against California over a state bill that would reshape how the county funds roads and infrastructure is moving forward without a judge — at least for now — after both sides successfully removed two different judges assigned to hear the case.

The Board voted last week to sue the state over Assembly Bill 1923, legislation authored by Assemblywoman Esmeralda Soria that would replace Measure C, the half-cent transportation tax Fresno County voters approved to fund county road and infrastructure projects.

First, the state filed to remove Fresno County Superior Court Judge Robert Whalen from the case. Under California law, either side in a lawsuit can request a judge’s removal without providing a reason beyond stating they believe the judge would be prejudiced against them. The state’s filing offered no additional explanation.

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Legal analyst Tony Capozzi told ABC30 that Whalen’s previous service on the Clovis City Council may have factored into the state’s decision, particularly because Clovis City Councilmember Lynne Ashbeck is “a real party of interest in this case.”

After Whalen was removed, the case went to Judge Virna Santos. On Monday, Fresno County filed its own motion to remove her. In a statement, Supervisor Garry Bredefeld said the county’s legal counsel recommended the removal “because the judge had previously personally represented the author of the legislation at issue in another legal matter” — meaning Santos had represented Soria in the past.

Despite the back-and-forth over judges, Capozzi said the legal deadlines in the case haven’t changed. “Once the complaint is filed, the defendants have a certain period of time, 20 or 30 days, to file an answer to the complaint,” he said. “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.”

The Attorney General’s office, representing the state, declined to comment beyond what’s in the public filings.

The Breakdown

• The Fresno County Board of Supervisors sued the state over AB 1923, a bill that would replace Measure C, the county’s half-cent transportation tax funding roads and infrastructure.
• The state successfully removed Judge Robert Whalen, possibly due to his past service on the Clovis City Council and a connection to Clovis Councilmember Lynne Ashbeck, who is a party in the case.
• Fresno County then removed Judge Virna Santos because she had previously represented Assemblywoman Esmeralda Soria, the bill’s author, in another legal matter.
• Both sides used their legal right to request a judge’s removal without providing a detailed reason beyond stating a belief the judge would be biased.
• A third judge has not yet been assigned to the case.

What This Means for You

This lawsuit concerns AB 1923, which would replace Measure C — the half-cent transportation tax Fresno County voters approved to fund county road and infrastructure projects. The Board of Supervisors has sued the state over this legislation.

What to Watch

The county and the state have both now used their one-time right to remove a judge — a move that raises a straightforward question: if both sides felt the first two judges assigned couldn’t be impartial, what makes a third judge different? The answer matters because judicial assignments in a county as specific as Fresno aren’t infinite, and the longer it takes to land on a judge both sides will accept, the longer this case sits unresolved.

Beyond the procedural chess, there’s a bigger tension here: Measure C was approved by Fresno County voters to fund county road and infrastructure projects. AB 1923 would replace how that tax works. The lawsuit will determine what authority the state has over a voter-approved local transportation tax.