Fresno prosecutor will know Tuesday if he’s on ballot for judge. Here’s the latest

Fresno County Clerk James Kus said Friday that he will decide by Tuesday whether Fresno County District Attorney Bob Whalen will be on the ballot for an open Superior Court judge position in June, after Governor Gavin Newsom’s office said the governor should make the appointment.

Whalen had been set to run for the judgeship after Judge Denise Whitehead resigned in November. Then, a member of Newsom’s office called Kus and said the California Constitution required the governor to make the appointment and the position would not go before voters until 2024. Kus then removed Whalen from the ballot, citing a “clerical error.”

Whalen challenged that, arguing a 1980 California Supreme Court decision supported his position that the seat should be on the June ballot. In the case Stanton vs. Panish, the court ruled that a Los Angeles Superior Court judge race could proceed after a judge retired.

Whalen, Kus and Fresno County Counsel Daniel Cederborg met Tuesday to review the issue in what Whalen later described as “an excellent discussion on legal points.” He said he expected a decision the same day, but Kus was more circumspect, and said he needed to review similar cases before a decision.

Whalen Friday said he too expects a decision by late Tuesday.