Will Fresno prosecutor be on ballot for judge? What took place in meeting with county clerk

A decision as to whether Fresno County Chief Assistant District Attorney Bob Whalen will be on the ballot for an open Superior Court judge position in June remained up in the air after Whalen met with county Clerk James Kus and the county counsel.

Before this week, Whalen, who is also a Clovis City Council member, believed that he was already on the ballot. Then he learned that his name was being removed as a result of what Kus called a clerical error. Kus said Monday that a member of Gov. Gavin Newsom’s office called the clerk’s office and said the replacement for resigning Judge Denise Whitehead must be appointed by Newsom.

The governor’s office cited the California Constitution, arguing an interim judge is picked in Sacramento for the seat until the general election in 2024. Whalen challenged that, citing a 1980 California Supreme Court decision he said allows the judgeship to be placed on the June ballot.

Said Whalen of his Tuesday meeting with Kus and County Counsel Daniel Cederborg: “It was a good meeting with an excellent discussion on legal points relevant to the issue. I remain optimistic and hope for a decision” from Kus soon.

Kus, however, was less clear on a timetable, except to say a decision would have to be made before the March 11 ballot deadline, and that he needed to research similar cases involving vacancies.

“As of now, the seat is off (the ballot)...In the end, it will be my decision.”