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Judge tentatively rules in favor of Recall Persky campaign

Original post made on Aug 28, 2017

The group working to unseat Santa Clara County Judge Aaron Persky won a legal victory on Monday afternoon, when a retired judge tentatively ruled that its recall petition is lawful and can proceed, lifting a temporary restraining order that had prevented the campaign from gathering signatures to place the measure on an upcoming ballot.

Read the full story here Web Link posted Monday, August 28, 2017, 4:43 PM

Comments (5)

Posted by Appealing
a resident of Cuernavaca
on Aug 28, 2017 at 4:55 pm

Why the campaign supporters did not try to appeal the decision?


Posted by Gary
a resident of Sylvan Park
on Aug 28, 2017 at 10:11 pm

Gary is a registered user.

The article reports that there will be no final decision until Thursday. Then, if the judge does not change her mind Judge Persky's lawyer may ask the judge to 'stay" the final ruling (judgment) pending an appeal. The judge would likely deny the "stay" request. Judge Persky's attorney could then initiate an appeal and ask the Court of Appeal for a stay pending the appeal. Such a request would be denied unless the Court of Appeal were to get the impression that the judge in the Superior Court is certainly wrong. But staying the judgment would not halt the recall petition drive. So I bet Judge Persky's lawyer files a petition for a "writ" in the Court of Appeal instead or or in addition to taking an appeal. Of course, I am shooting from the hip. I have not even seen the papers filed or the arguments made.


Posted by ResidentSince1982
a resident of another community
on Aug 29, 2017 at 4:31 pm

ResidentSince1982 is a registered user.

Other news accounts have quoted Judge Tsenin as saying that back when she ran for Municipal Court Judge in San Francisco, the county registrar handled the election.

But the issue is that Persky is not a judge in Municipal Court as the Election Code envisions for a recall effort. The issue is how recalls apply to judges of the Superior Court of Caliornia, paid by the State and not the city or county or special district like Municipal Court judges were.

I think Judge Tsenin may realize this as given that she made that comment, surely the Persky side will put that point into their written response. But if not, it's not surprising that it will fall to the Court of Appeals when there are inconsistencies and ambiguities in the Election Code. The county recall handbook even literally says that there are ambiguities.

One thing this is not is frivolous Dauber continues to amaze with her inflammatory rhetoric attacking the judicial process.


Posted by ResidentSince1982
a resident of another community
on Aug 29, 2017 at 8:08 pm

ResidentSince1982 is a registered user.

Oh yes now another source quotes her as saying that when she was a Municipal judge her salary came from San Francisco not the state. She's got the right idea that things are different now.


Posted by PeterCao111
a resident of another community
on Aug 30, 2017 at 5:46 pm

PeterCao111 is a registered user.

[Post removed -- poster banned due to persistent violations of terms of use]


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