One day after California Attorney General Rob Bonta successfully petitioned Fresno County Superior Court to find a different judge in the Measure S case, supervisors had their turn, this time pointing out the connection between the second assigned judge and the defendant.

The courts on Wednesday approved a peremptory challenge to the selection of Judge Virna L. Santos, according to Fresno County Board of Supervisors Chair Garry Bredefeld.

Before becoming a judge, Santos had represented Esmeralda Soria, along with then-fellow Fresno City Councilmembers Miguel Arias, Nelson Esparza, and Tyler Maxwell, against accusations of violations of the Brown Act. The investigation by the Fresno County District Attorney’s Office didn’t produce any charges.

Soria, now an Assemblymember running for state Senate, authored Assembly Bill 1923, which compels the board of supervisors to place the Measure S half-cent transportation tax on the November ballot.

“Legal counsel made the recommendation because the judge had previously personally represented the author (Soria) of the legislation at issue in another legal matter,” Bredefeld said.

Clock Ticking to Meet Sept. 9 Ballot Printing Date

The decision comes a day after Bonta’s office disqualified Superior Court Judge Robert Whelan saying he would be prejudiced against the state’s case.

With ballots getting printed Sept. 9, the final date for a judge’s decision on Measure S — previously known as Better Roads Safe Streets — is fast approaching.

The county supervisors, joined by residents Fred Vanderhoof and Michael Der Manouel Jr., sued the state over AB 1923.

One of the main arguments from the county is that the state action doesn’t meet the criteria for urgency, which allowed the law to take effect immediately after Gov. Gavin Newsom signed it into law earlier this month.

The supervisors, who ordered a study of the tax’s impacts on Fresno County, say the measure should appear on the March 2028 ballot.