Voters to decide fate of judge in Stanford sex assault case.
Aaron Persky could become the first California judge recalled from the bench in 87 years if Santa Clara County voters sign off on his removal in June.
On Tuesday, the county’s Board of Supervisors unanimously approved the recall measure’s inclusion on the primary election ballot after critics of the judge — who oversaw a controversial sexual assault case involving a Stanford swimmer — were able to submit tens of thousands of signatures to the Registrar of Voters.
A group of recall organizers, led by Stanford law Professor Michele Dauber, clapped and cheered after the vote to certify the ballot measure at the county’s San Jose headquarters.
“We’re extremely happy that our petition drive has succeeded,” Dauber said. “It’s truly a historic day. It’s a historic day for women and for all survivors of sexual violence.”
Persky came under scrutiny in June 2016 when he sentenced Brock Turner to six months in jail after after the former Stanford swimmer was found guilty of sexually assaulting an unconscious woman outside a campus fraternity party. Prosecutors had argued for six years in prison, but Turner was released after three months.
The case received national attention following Persky’s ruling and the publication of a letter that was read in court by the assault survivor.
Organizers with the recall effort submitted a petition for Persky’s recall along with 94,518 signatures, well above the 58,634-signature threshold.
“The voters are speaking loud and clear,” Dauber said. “They wanted to see Judge Persky on the ballot, and they
want to have the opportunity to hold him accountable for his pattern of bias in favor of athletes and privileged perpetrators of violence against women.”
In the back of the board chambers, a group of volunteers led by retired Santa Clara Superior Court Judge LaDoris Cordell held signs that opposed the recall.
“This is a threat to the independence of the judiciary,” Cordell said. “That means that if there are judges who want to do the right thing — and the right thing may mean being compassionate, being lenient when composing a sentence — they’re going to think twice about doing what they believe to be right and following the law because of fear.”
As a result, Cordell said, minority defendants who make up the majority of the county’s criminal cases will be disproportionately affected, as judges could be wary of handing out sentences that appear soft on crime.
Cordell noted that the sixmonth sentence Persky handed down to Turner came at the probation department’s recommendation. Judges tend to follow these guidelines, she added, though there is no requirement to do so.
“I don’t believe any judge sitting on the Santa Clara County bench would have imposed a different sentence,” Cordell said.
The unanimous vote Tuesday added an additional question to the ballot that allows county voters to choose Persky’s successor in the event he is recalled.
Wednesday will mark the first day that candidates can officially file papers to run for Persky’s seat. Candidates must submit 6,002 signatures from the community or pay roughly $2,000 to be placed on the ballot, according to the registrar. Signatures are due Feb. 20, and the deadline for placing a notice of intent to run is March 2.
Cindy Hendrickson, an assistant district attorney for the county, is the only person who has publicly announced an intention to run.