The Mercury News Weekend

95,000 signatures for recall of judge

Response to athlete’s lenient sentence or threat to judicial independen­ce?

- AARONPERSK­Y By Tracey Kaplan tkaplan@bayareanew­sgroup.com

SAN JOSE » The campaign to recall Judge Aaron Persky for giving a former Stanford athlete convicted of sexual assault a relatively lenient sentence of six months in jail has collected nearly 95,000 signatures — far more than required — recall organizers said Thursday.

The mood was trium- phant but not complacent as a group of recall supporters gathered in San Jose at the Santa Clara County Registrar of Voters to turn in 11 boxes of signed petitions.

“Now we’re going to be out there talking to voters, passing out literature and walking precincts,” Stanford Law School Professor Michele Dauber, the leader of the recall campaign, said outside the reg-

istrar’s office.

If Persky, a Santa Clara County Superior Court judge, is recalled, it would be the first time a California judge has been ousted in a recall election in 85 years. In 1986, three state Supreme Court justices were removed from office by voters, but it was during a general election, not a recall.

Persky’s supporters argue that recalling the judge could put a chill on judicial independen­ce.

The recall campaign wrapped up its four-month drive in late December, about five weeks before the Feb. 2 deadline. Volunteers and paid signature gatherers fanned out across the county, including at farmers markets and events like San Jose’s Christmas in the Park.

Recall supporters need at least 58,634 valid signatures from Santa Clara County voters to qualify for the June 5 election, and elections officials have until early March to verify the signatures.

But Eric Kurhi, a spokesman for the Registrar of Voters, said the office may have the results of the random-sample verificati­on as early as Jan. 26.

Persky sparked national outrage 19 months ago after he gave former Stanford swimmer Brock Turner a six-month county jail sentence for sexually assaulting an intoxicate­d, unconsciou­s woman two years ago outside a campus frat party. Turner, who ended up serving three months because of a state law aimed at reducing jail overcrowdi­ng, has returned to his hometown in Ohio. Under California law, he is required to register as a sex offender for the rest of his life.

Persky’s supporters include dozens of law school professors in California, including UC Berkeley’s Erwin Chemerinsk­y and Santa Clara University’s Gerald Uelmen. The professors, including 30 who teach at Stanford, contend that the sentence was lawful and dovetailed with a probation officer’s recommenda­tion.

Persky’s ouster, they have argued, would cause great harm because judges may feel pressured into making decisions based on public opinion.

Persky has not commented to reporters since the controvers­y, pointing to state rules that limit what judges can say during a political campaign.

The petition drive was almost certainly aided by the current climate of heightened concern that victims of sexual assault have not been treated seriously — a sentiment widely shared after allegation­s surfaced in October about movie mogul Harvey Weinstein.

“We’re in uncharted territory here, but the recall has two forces in its favor: the perception that the judge is soft on crime and the #MeToo movement and push by women for equality,” said Garrick Percival, a political science professor at San Jose State.

But Meaghan Ybos, a rape survivor and the executive director of People for the Enforcemen­t of Rape Laws, wrote in a recent essay that those outraged “over the supposedly lenient sentence” don’t understand “the consequenc­es of Turner’s conviction, which includes lifetime registrati­on as a sex offender.”

“I also believe that the energy and vitriol directed at Judge Persky should have been used instead to hold police department­s accountabl­e for properly investigat­ing rape,” Ybos added.

Persky has raised $381,742, nearly two-thirds of which was in free legal services from the San Jose law firm of McManis Faulkner and other nonmonetar­y contributi­ons. Recall backers have raised more than $700,000, less than 2 percent of which was in non-monetary contributi­ons. But about half of that went to pay signature gatherers.

If the recall qualifies for the June election, the question of who will replace the judge would appear on the same ballot. So far, only one person — Assistant District Attorney Cindy Hendrickso­n — has announced her candidacy.

It’s not altogether clear sailing for the campaign, even if the signatures are certified. Persky has asked a state appellate court to block the election. His lawyers contend that because Superior Court judges like Persky are technicall­y state officers, California’s secretary of state — not the county registrar — should be overseeing the petition drive.

The 6th District Court of Appeal, however, refused his request to do so on an emergency basis — a sign the justices may not overturn a lower court decision that allowed it to proceed under the auspices of the registrar.

Only four judges have been recalled in California history, one in San Francisco in 1913 and three on the same ballot in Los Angeles in 1932. The ballots included the simultaneo­us election of successors.

The sentence and the victim’s powerfully written statement prompted new state laws in California and touched off the recall movement, which forced Persky to stop hearing criminal cases.

 ?? GARY REYES — STAFF PHOTOGRAPH­ER ?? Michele Dauber hands over boxes containing over 95,000 signatures to place recall of Judge Aaron Persky on the June ballot at the Santa Clara County Registrar of Voters.
GARY REYES — STAFF PHOTOGRAPH­ER Michele Dauber hands over boxes containing over 95,000 signatures to place recall of Judge Aaron Persky on the June ballot at the Santa Clara County Registrar of Voters.

Newspapers in English

Newspapers from United States