Clovis Council member’s shot at Fresno judge off June ballot. Here’s why he’s arguing it

Clovis City Council member and assistant district attorney Bob Whalen’s plans to run now for Fresno Superior Court Judge were thwarted Monday after the county clerk determined that the seat on the court will not be on the ballot until 2024 and that Gov. Gavin Newsom would make the interim appointment.

Not so fast, said Whalen. He told The Bee that a state Supreme Court decision on the issue allows his candidacy to proceed.

Whalen is seeking the judgeship after Judge Denise Whitehead resigned in November 2021, opening the position.

Monday, county Clerk James Kus said an initial decision to put Whalen on the ballot was “a clerical error.” He cited a portion of the California Constitution for the reversal. That portion specifies that superior court judge elections take place “at the next general election after the second Jan. 1 following the vacancy.” That pushes the vote to 2024.

However, Whalen told The Bee that 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.

“I am confident that the clerk will return to his earlier decision of putting this position on the ballot after he reviews this case,” said Whalen. “No further litigation should be necessary.”

Kus could not be reached for a reaction to Whalen’s argument.

Whalen said he planned to meet Tuesday morning with Kus and the Fresno County Counsel’s office. He said he believes Kus is a reasonable person and he believed the parties would agree with the state Supreme Court ruling. He reiterated that taking the issue to court was an option, but he believed an accord would make that unnecessary.

“The constitution is clear that the superior court position is to be chosen by the people,” said Whalen.

This story was originally published February 28, 2022 at 1:39 PM.