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Judge rules recalled Avenal councilmembers unlawfully remained in office

AVENAL, Calif. (KION) — A Kings County Superior Court judge has ruled that four recalled Avenal City Councilmembers unlawfully remained in office after the results of the recall election were certified.The ruling marks a major development in the months-long legal battle surrounding Avenal's City Council and the recall effort against its members.

The Kings County Registrar of Voters certified the recall results on May 28.

Despite that certification, the four councilmembers continued participating in council meetings.

Kings County Superior Court Judge Jennifer Giuliani ruled the councilmembers unlawfully held their seats beginning May 28.

The court also determined that Avenal's city clerk, rather than the Kings County Registrar of Voters, should have overseen the recall process. However, the ruling did not invalidate the recall.

The recall remains in effect.

Attorney Oshea Orchid, who represents recall supporters, called the ruling an important milestone for Avenal voters.

“It's really exciting that we all finally have a court order to solidify exactly what the voters have been saying: that their votes should count, that they have the constitutional right to recall,” Orchid said.

The ruling could also lead to additional legal consequences.

Orchid says the recalled councilmembers could potentially face charges related to city funds spent after May 28, when they were no longer legally entitled to hold their seats.

However, no criminal charges or other penalties have been determined at this time.

Following the ruling, Avenal City Manager Antony Lopez said the council respects the court's decision and will not hold council meetings for the time being.

“Although there will be one council member left, we will wait until there's new council members seated after the November elections,” Lopez said.

The political future of Avenal's City Council will now turn to the November election.

Judge Giuliani ruled that Alvaro Preciado is eligible to run again in November.