Judge Recuses Herself From Case Challenging Measure F

South County opponents of an El Toro airport succeeded Friday in forcing a judge to recuse herself from ruling on the validity of Measure F, the voter-approved initiative that seeks to halt an airfield at the retired military base.

Attorneys for airport foes filed legal documents questioning Los Angeles County Superior Court Judge Dzintra Janavs’ ability to preside over the case. She first reviewed Measure F while considering a request to remove it from the March 7 ballot. While she allowed it to go before voters, she said then she had “grave doubts” about its validity.

While airport backers argued that Janavs had legal authority to keep the case, she excused herself without comment. The case was then transferred to Judge S. James Otero, who scheduling a Monday hearing on Measure F.

The measure, which passed with 67% of the vote, requires a two-thirds public vote before the county can build new airport projects, large jails near homes and hazardous waste landfills. It was immediately challenged by pro-airport groups.

The majority of Orange County supervisors support building an airport, but since the election have officially taken a “neutral” position on Measure F.

From the county’s perspective, airport planning continues. Attorneys for the county will be asking Otero to invalidate a key section of Measure F that limits how public money can be spent to promote a new airport or jail project.

They argued in court papers that the spending restrictions violate the state constitution and state law by seizing powers that should be reserved for the Orange County Board of Supervisors.

South County airport opponents said Friday that the county should defending--instead of contesting--the measure that received overwhelming voter support.

“I think it’s truly remarkable that the county is not defending the initiative but is in there attacking it,” said Robin Johansen, an attorney representing the interests of Citizens for Safe and Healthy Communities, the group that helped craft Measure F.

Johansen will be the only attorney in court Monday opposing the county’s challenge to Measure F. That’s because the judge ruled there was no compelling reason to allow attorneys for other anti-airport forces to speak at Monday’s hearing. But the judge said they can seek to join later.

The judge said he will be prepared Monday to decide whether to freeze spending limits in Measure F, which take effect Friday.