Tim Shaw, a member of the Orange County Board of Education, is likely to face a lawsuit as he seeks election to a seat has has held, off and on, for most of the past two years.

California Attorney General Rob Bonta issued an opinion Thursday, April 7, saying there was a “substantial legal issue” in Shaw’s appointment to the school board late last year. Bonta’s opinion paves the way for a legal challenge from La Habra resident Michael Sean Wright, who says Shaw was ineligible for the seat.

That opinion is the latest step in a series of moves surrounding Shaw’s role on the county Board of Education.

Shaw was elected as a trustee on the school board in June of 2020. Five months later, he also was re-elected to the La Habra City Council, prompting some in the community to question whether Shaw could hold two elected positions at the same time.

In November of last year, facing possible litigation over that question, Shaw quit his post on the board, which has gained attention in recent years for taking conservative stances on issues such as sex education, mask mandates and race-related instruction.

But a month later, Shaw resigned his post on the La Habra council and applied to be appointed to the seat he had recently vacated on the school board.

Though six other candidates sought the job, Shaw’s former colleagues voted 3-1 to appoint him to the position in a meeting that many said was preordained to favor Shaw. One of the other candidates called the selection process “political theater.”

Wright, a documentarian and founder of an organization that works with the homeless, tried to go to court to block that appointment, but an Orange County Superior Court judge ruled that Wright needed the state’s approval to file such a lawsuit.

Though Bonta’s opinion doesn’t say who is correct, he wrote that “it is in the public interest to have a court determine the validity of Shaw’s appointment.”

Wright’s attorney, Lee Fink, welcomed that opinion.

“We believe that it’s critical to vindicating the public’s rights and ensuring the Orange County Board of Education follows the law.”

Related links

Tim Shaw quits Orange County Board of Education, but could seek return
Lawsuit alleges OC Board of Education illegally appointed trustee to a seat he recently had vacated
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Shaw described the legal challenge against him as an attempt to thwart the will of voters and derail his re-election bid.

“It’s an affront to democracy,” Shaw said. “I won the last election. I got appointed by the majority of the board. And they want a judge to overthrow the democratic process.”

Shaw, who works in real estate and teaches political science at Rio Hondo College, said he is paying legal bills to fight the lawsuit.

Shaw had sought to prevent the lawsuit from being allowed to go forward, arguing that because he’s up for election in June “the issue is moot.” In response, Bonta wrote: “…the superior court should at least have the opportunity to resolve this matter before the election; it may well be able to render a ruling before the election…”

Meanwhile, Wright also has a pending lawsuit against the Orange County Board of Education, alleging that it illegally appointed Shaw.

“We think there are important rights that need to be pursued directly against the Board of Education,” Fink said.

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