Law firm joins Fresno candidate’s fight to be on ballot. What letter to county clerk says

A Sacramento law firm has joined Fresno County Chief Assistant District Attorney Bob Whalen in his battle to restore his name to the ballot as he seeks to become a Superior Court judge.

Whalen, who is also a Clovis City Council member, had been on the June ballot until last week, when his name was removed after Fresno County Clerk James Kus received a call from Gov. Gavin Newsom’s office. The office maintains the replacement for retiring Denise Whitehead must be appointed by the governor and the election should not take place until 2024.

Kus then took down Whalen’s name, citing a “clerical error.”

To reaffirm Whalen’s position, the firm of Bell, McAndrews and Hiltachk sent a letter to Kus and Fresno County Counsel Daniel Cederborg dated Friday citing a ruling by the California Supreme Court that the firm argues favors restoring Whalen’s name.

Also Friday, Kus said he planned a decision on the matter by Tuesday. Asked to comment on the letter Monday, Kus would only say:

“The department has no comment on that letter.”

In response to an inquiry as to whether he was preparing for a court battle should Kus agree to keep him off the June ballot, Whalen said, “we are ready for a court battle either way.

“We are very confident in our legal position and equally confident Mr. Kus will decide in our favor. However, even if he decides in our favor, the governor may sue Mr. Kus. While I believe that would be a mistake on the part of the governor for legal, political and optical reasons, we will join with Mr. Kus and his counsel in that battle against the governor. He will not stand alone.”