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Supervisors vote to add Persky recall to June ballot

Original post made on Feb 6, 2018

The Santa Clara County Board of Supervisors on Tuesday approved putting a decision on the June 5 ballot for whether voters should recall Superior Court Judge Aaron Persky, the judge who became controversial over a sentence he handed down to a former Stanford University swimmer convicted of sexual assault.

Read the full story here Web Link posted Tuesday, February 6, 2018, 2:28 PM

Comments (16)

Posted by Ann Mocs
a resident of another community
on Feb 6, 2018 at 4:54 pm

On June 5, 2018 VOTE YES to recall judge Persky!

Vota Si! Retira de mandado a Persky!

Votare si per ricordare Persky!


Posted by Gary
a resident of Sylvan Park
on Feb 6, 2018 at 8:20 pm

Gary is a registered user.

Evidently, the Board had no choice but to add the item to the June ballot. This was just an opportunity for an early debate. While I am so far voting against the recall, I would say to retired Judge LaDoris Cordell that judges SHOULD START THINKING TWICE about punishing sex offenders because sex offenders have been treated far too leniently in California and across the nation (and around the world).


Posted by Voting no
a resident of Another Mountain View Neighborhood
on Feb 7, 2018 at 6:44 am

Removal of a sitting judge based on the disagreement of a case is no good. Mob rule will never work, rightfully so, and the quest for revenge I find very distasteful. I would have liked a harsher punishment for Turner as well, but that's a second topic. I won't be part of the pitchfork and torch crowd screaming "REVENGE".


Posted by Appealing
a resident of Cuesta Park
on Feb 7, 2018 at 9:25 am

Why not to recall the district attorney who did not pursue the appeal of judge Persky's decision? Why not to initiate campaign to rewrite the law that allowed arguably unjust sentence?


Posted by Gary
a resident of Sylvan Park
on Feb 7, 2018 at 9:58 am

Gary is a registered user.

The law was changed - the change had been pursued by Samta Clara County's DA in light of the Brock Turner case.. An appeal by the prosecution would have been futile as the judge acted well within the law then in effect. I have not read the basis for Brock Turner's appeal.


Posted by Old Mountain Viewan
a resident of Jackson Park
on Feb 7, 2018 at 2:40 pm

This case will set a precedent...tricky, tricky, unfortunately, there has to be punishment in place for first time sexual offenders, even though there is no criminal background, but the apprehensible nature of the crime needs to be reviewed and the proper punishment to go with it , such as in Brock Turner's case. I think recalling Persky is definitely the right thing to do.


Posted by Absolutely Vote NO
a resident of Another Mountain View Neighborhood
on Feb 7, 2018 at 5:01 pm

Extremely dangerous precedent! Recalling any judge because you don't like the outcome is asking for trouble. The judge made a decision based on what the parole board recommended. He did what he was supposed to do. If you don't like the policy or the law than have it changed. You can also vote the judge out of office at the next election. If every judge is facing mob rule, I guarantee they will begin to make decisions on what is popular and not what is the rule of law. [Portion removed due to disrespectful comment or offensive language]


Posted by No On Recall
a resident of another community
on Feb 7, 2018 at 5:47 pm

These people are absolutely letting their emotions run away with them. Dauber has no trial experience and knows little of the practicality of the criminal justice system. She must know how inexperienced she is. The truth is that laws HAVE been changed as a result of this case. That being true, any criticism of the judge is saying he should have gone counter to the law in the first place. The probation report authored by a female specialist recommended the sentence that Persky imposed. That sentence wouldn't be allowed now under the new laws.

Vote no on recall! It's a very bad precedent.


Posted by wheresjustice
a resident of Old Mountain View
on Feb 7, 2018 at 7:31 pm

Funny all these ppl talking about emotions. The situation is straightforward:
There's one victim who is marked for life, and there's one perpetrator who's getting away with his crime, thanks to a Judge who instead of representing Justice prefered to let the social status of the criminal, the rapist, influence his judgement. What is complicated to understand with people's outrage? The hypocrisy of those saying "no" is mind bogling: if it was your sister, your wife, your daughter who was the victim, would you really feel that Justice was served with a slap on the wrist?? It has nothing to do with emotions. It has to do with people getting tired of partial Justice, driven by influence. What are sentences like this doing for the victim and for the fight against sex crimes?[Portion removed due to disrespectful comment or offensive language]


Posted by TT CA
a resident of another community
on Feb 7, 2018 at 7:32 pm

@Appealing and No On Recall The law WAS changed as a result of Judge Perskys actions and I am SICK and TIRED of people using the totally FLAWED Probation Report....Turned lied thru his teeth that was the basis for the Probation officers report...Persky conveniently USED the flawed report to justify his actions...Even at Sentencing,the Prosecutors brought out the lies that Turner told over and OVER ...what was Perskys reaction???? he dismissed the FACTS...In a totally unprecedented action,the Probation People went to the jail to interview Turner and when he lied again..he was confronted by them and his probation was altered...They KNEW their report was flawed...Why do all the No on Recall people keep using this probation disaster to depend Persky??? I think EVERYONE should read ALL 410 pages of the Court documents and then make a determination of Persky's fitness to be on the Bench....It IS not a great thing to recall a Judge BUT a VERY GOOD action if the Judge has shown poor judgement...Persky showed terrible judgement a number of times and deserves to be recalled....I find it hysterical the No people try to defend Persky by demonizing Dauber....totally ridiculous...FOCUS on Persky and his egregious actions!!!!


Posted by Barry Minkin
a resident of Sylvan Park
on Feb 7, 2018 at 7:45 pm

You can tell a weak argument when it is about a person who was involved with the campaign to put the matter on the ballot.

We are the ones who get to decide whether to recall the judge, not the supervisors, not the ones who collected the signatures. We were the ones who made him a judge when we voted for him, too.

A judge elected by popular vote should be responsible to the voters, and it makes no sense to say that he should not be: if he is recalled, it just hastens a process that would have taken place at the next election. As with other elected officials, he is subject to recall, and it is hardly setting a precedent to recall a public servant who no longer acts in the manner the public wishes.

If you want to vote for or against the recall based on whether this judge did the right thing, that is the reason California's Constitution has a recall. You can say that it is bad to recall an elected official because he is a judge, but that is not what our Constitution says.


Posted by Gary
a resident of Sylvan Park
on Feb 7, 2018 at 9:16 pm

Gary is a registered user.

Well actually, Judge Persky was not elected by any votes. After being appointed to fill a vacancy, only he filed to run for the seat. No one else ran and Judge Persky was "elected" by default. Like almost all of the judges of the superior court, Judge Persky ran for his seat subsequently and continued to win by default when no other candidate sought the seat. When no one runs against an incumbent judge, the judge's name does npt even appear on the ballot.


Posted by @Gary
a resident of Cuesta Park
on Feb 8, 2018 at 10:48 am

Gary, thank you for informative reply. "The law was changed" -- could you please provide specifics of the change, e.g. Senate bill or the new code section, please?


Posted by Gary
a resident of Sylvan Park
on Feb 8, 2018 at 12:28 pm

Gary is a registered user.

Sure. In 2016: AB701 and AB2888


Posted by Gary
a resident of Sylvan Park
on Feb 10, 2018 at 3:53 pm

Gary is a registered user.

I just saw retired Judge LaDoris Cordell on MSNBC (Cable 60 in my town) attacking the recall. No proponent appeared.


Posted by Gary
a resident of Sylvan Park
on Feb 10, 2018 at 4:00 pm

Gary is a registered user.

Among other things, Judge Cordell stated that no judge of the Superior Court in Santa Clara County would have sentenced Brock Turner to state prison. The DA's Ofgice had sought a prison sentemce. That is why I have maintained this is a case about society - not about one judge. Society and judges have not treated sexually based offenses as the horrendous crimes they are.


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