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Recall of judge in Stanford rape case could threaten judicial independence, lawyers say

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This June 27, 2011 file photo shows Santa Clara County Superior Court Judge Aaron Persky, who drew criticism for sentencing former Stanford University swimmer Brock Turner to only six months in jail for sexually assaulting an unconscious woman. (Jason Doiy/The Recorder via AP)

LOS ANGELES » Although more than 1.2 million people have signed an online petition to oust a Santa Clara County Superior Court judge, an election official says no effort has been made to launch an official recall.

Judge Aaron Persky’s decision to sentence former Stanford University swimmer Brock Turner to six months in county jail for sexually assaulting a woman has triggered an angry response from those who say the punishment is too light and sets an ominous precedent for campus sexual assaults elsewhere. Many are now demanding that that California Commission for Judicial Performance remove the jurist.

Persky, who was appointed to the bench by Gov. Gray Davis in 2003, is up for re-election in November.

So far, however, no one has turned in paperwork to challenge Persky’s re-election campaign, according to Anita Torres, spokeswoman for the county’s registrar of voters. Similarly, none has yet submitted the 58,634 signatures needed to trigger a special county recall election next year, she said.

Persky has been challenged by prosecutors, though.

This week, the Santa Clara County District Attorney blocked Persky from hearing another sex crime case. Prosecutors cited Turner’s sentencing as well as the judge’s decision to dismiss an unrelated theft case just as it was about to go to a jury.

“We are disappointed and puzzled at Judge Persky’s unusual decision to unilaterally dismiss a case before the jury could deliberate,” District Attorney Jeff Rosen said. “After this and the recent turn of events, we lack confidence that Judge Persky can fairly participate in this upcoming hearing in which a male nurse sexually assaulted an anesthetized female patient. In the future, we will evaluate each case on its own merits and decide if we should use our legal right to ask for another judge in order to protect public safety and pursue justice.”

Turner is serving a six-month sentence in protective custody in a Santa Clara County jail. He likely will serve half of his sentence based on felony sentencing guidelines in California.

When Turner was convicted by a jury in March, he faced a maximum sentence of 14 years in prison. Prosecutors asked the judge to sentence him to a six-year prison term for the three felony counts he was found guilty of: assault with the intent to commit rape of an unconscious person; sexual penetration of an unconscious person; and sexual penetration of an intoxicated person.

Later, his chief probation officer, Monica Lassettre, recommended a “moderate” sentence of county jail, three years of probation and sex offender treatment, according to a probation report.

In making her recommendations, which Persky signed off on before Turner’s sentencing, Lassettre considered his age, lack of criminal record, the impact of the crime on the victim, the safety of the community and “his expressed remorse.”

“This officer weighed the fact that this 20 year old offender is now a lifetime sex registrant, his future prospects will likely be highly impacted as a result of his convictions, and he surrendered a hard earned swimming scholarship,” she wrote in her report. “Perhaps, just as importantly, but sometimes overlooked, are the victim’s wishes as to the potential outcome.”

In the weeks following Persky’s decision, several jurors refused to serve in the judge’s courtroom because of his actions in the Turner case.

The woman who was sexually assaulted by Turner read a 12-page letter in open court, calling the lack of a state prison sentence “a soft time-out, a mockery of the seriousness of the assaults.”

Legal experts have said the sentence was within the law, but lighter than normal for such cases.

But the Santa Clara County Bar Association came to the judge’s defense, saying he is a strong jurist who was within his rights to hand down the sentence.

“Judges have a duty to apply the law to the facts and evidence before them, regardless of public opinion or political pressure,” the organization said in a statement released this week. “In that role, judges provide an important check against other political forces. If judges had to fear direct, personal repercussions as a result of their decisions in individual cases, the rule of law would suffer.”

The organization said it opposed any efforts to remove Persky from the bench, saying that it saw “no credible assertions” that he violated the law or acted in bad faith.

“Nor is the SCCBA aware of any other complaints or allegations of impropriety against Judge Persky during his 13 years on the bench,” the organization said. “Seeking to punish a judge under these circumstances presents the very threat to judicial independence that the SCCBA has resolved to condemn.”

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©2016 Los Angeles Times

11 responses to “Recall of judge in Stanford rape case could threaten judicial independence, lawyers say”

  1. den says:

    it really sounds like the judge is getting paid off.

  2. HanabataDays says:

    Judicial independence is a principle that should be generally upheld for the reasons given by the CA bar. That doesn’t mean that it must or should be the overriding principle in each individual instance. Were that the only guideline, judges would never be removed from the bench.

    Therefore the real question is whether Judge Persky should be subject to this sanction on the basis of recent concerns.

    I’m inclined to think removal isn’t justified at this point. But that doesn’t mean he shouldn’t face blowback from prosecutors who ask to transfer certain cases out of his courtroom, or prospective jurors who are convinced the judge lacks respect for the jury system.

    And of course, his is an elected position. He serves at the sufferance of the voters, so ultimately it’s they who control his destiny as a jurist.

    • WizardOfMoa says:

      You, HanabataDays is a voice of reason among the emotional chaos created by this unfortunate incident.

    • Tanuki says:

      He has lost the confidence if being able to maintain the degree of impartiality and fairness that you mention. Being within his rights is very different from doing the right thing. That distinction is the reason why lawyers have the reputation of being sleazaballs. Either way he has to step down. His position is at the discretion of the voters so by that very fact he is subject to public approval.

    • allie says:

      The “judge” seems a rank incompetent. But we have judges just as bad out here and they are not subject to any consequences for their incompetence.

  3. wlsc says:

    what about the victim?

  4. krusha says:

    Mob rule is nothing new. Remember the Rodney King verdict? The thing is, usually it’s the judges that get things right instead of the jury. In this case, it’s the judge that overruled the jury and issued the slap on the wrist.

  5. Keonigohan says:

    Like in any profession..there are good people…and dumb stupid idiotic people.

  6. primo1 says:

    Chief probation officer, Monica Lassettre: “This officer weighed the fact that this 20 year old offender is now a lifetime sex registrant, his future prospects will likely be highly impacted as a result of his convictions, and he surrendered a hard earned swimming scholarship.” The last part of the statement is irrelevant. All it does is reinforce the concept of “white privilege.”

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