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The judge whose controversial sentence in a sexual assault case sparked national outrage was booted out of office Tuesday, the first sitting judge to be removed from office in California in nearly a century.
Judge Aaron Persky became the target of a well-financed recall campaign aimed at convincing Santa Clara County voters to unseat him after he sentenced former Stanford swimmer Brock Turner to six months in jail for the sexual assault of an intoxicated, unconscious woman outside a campus frat party.
VIDEO: Leader of the recall Judge Persky campaign reads emotional response. CLICK HERE if you are having trouble viewing the video or photo gallery on your mobile device.
Stanford law professor Michele Dauber, who led the recall campaign, hailed the outcome.
“The vote today — if the numbers hold — is a vote against impunity for high-status offenders of domestic violence and sexual violence,” Dauber said, adding in reference to the victim that, “This victory is not just for Emily Doe, but for girls and women everywhere.”
Recall opponent LaDoris Cordell told KPIX that it was unlikely Persky could catch up. “This is a sad day for the California judiciary,” said Cordell, a former Santa Clara County judge who was active in the campaign against the recall.
Persky’s decision in the Turner case two years ago sparked widespread fury, fueled by the victim’s powerful impact statement that rapidly spread worldwide on social media and was read aloud in Congress and on national television. In rejecting prosecutors’ request for a six-year prison sentence, the judge said he took into consideration factors such as Turner’s age and lack of a criminal record, the victim’s trauma and the fact that both were drinking.
His supporters say it was a lawful sentence, recommended by the probation department, whose advice he often follows. But recall proponents say Turner’s punishment was far too light for the crime and contend the judge has a history of being lenient on men who sexually molest or batter women.
Turner wound up serving three months under a policy aimed at reducing jail overcrowding. He’s also required by state law to register as a sex offender for the rest of his life.
Persky is only the fifth judge in California history to be booted out of office before his term is up — and the first in 86 years. Only four judges have been recalled in California since 1911 when recalls became legal in the state.
One was in San Francisco in 1913 and three were on the same ballot in Los Angeles in 1932. In 1986, three state Supreme Court justices were removed from office, including Chief Justice Rose Bird, but it was during a general election, not a recall. She was removed in the November 4, 1986 election by a margin of 67% to 33% after a high-profile campaign that cited her categorical opposition to the death penalty.
Two candidates ran on the same ballot to succeed Persky: civil attorney Angela Storey and prosecutor Cindy Hendrickson, who supported the recall and appears to have won.
The recall — and the broader social questions it raises about violence against women, the justice system’s treatment of sexual assault victims and the latitude judges have to punish defendants — played out just as the #MeToo movement against sexual assault and harassment is sweeping the country. A host of men accused of harassment already have lost their jobs, including TV news anchor Matt Lauer, New York State attorney general Eric Schneiderman and Santa Clara City Councilman Dominic Caserta.
“I felt Judge Persky was sadly mistaken,” said Campbell resident Leslie Dunscomb, a graphic designer who voted to recall the judge. “Brock Turner got an easy ride because of his stature as a Stanford student and his family connections. I believe he should have been in prison. If it had been my husband he’d be in jail because he wouldn’t have had the money to hire a high-
powered attorney.”
Recall supporters said Persky should be held accountable for failing to punish Turner more severely. They believed the recall, endorsed by state senator and candidate for governor Kevin de Leon, New York Sen. Kirsten Gillibrand and the California Nurses Association, among others, was necessary to send a message that the community needs judges who take violence against women seriously.
Recall opponents, including Santa Clara County District Attorney Jeff Rosen and Public Defender Molly O’Neal, pointed out that the sentence already had led to meaningful change. The case inspired the Legislature to pass new state laws, including one that requires judges to send anyone convicted of sexually assaulting an unconscious or drunk person to prison for at least three years.
Retired engineering manager David Yick agreed with opponents and voted against the recall.
“I think he did his job,” the Los Gatos resident said. “He followed the recommendations. It’s an emotional kind of issue and I understand that and they’ve made some changes legislatively, which is where they should. Not pick on the judge.”
The judge’s supporters also said recalling Persky would exacerbate injustice by frightening other judges into imposing longer sentences. They argued that independence from popular opinion is what has allowed judges to rule on civil rights, integrated schools, free speech, access to birth control and marriage equality.
Replacement candidate Storey, a rape victim herself who has discussed her ordeal during the campaign, called the recall a “dangerous precedent” and said voters should focus on changing laws when they disagree with outcomes rather than removing judges. Hendrickson has declined to comment on the Turner case.
