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A6   U.S. NEWS
                     Thursday 7 June 2018





























            Recall of judge in Brock Turner case stirs courtroom concern



            By PAUL ELIAS                                                                                                       judges,"  NYU  law  school
            Associated Press                                                                                                    professor  Alicia  Bannon
            SAN  FRANCISCO  (AP)  —                                                                                             said.  "Following  the  law
            The leader of the successful                                                                                        isn't necessary popular and
            recall   of   a   Northern                                                                                          judges  need  some  form
            California  judge  for  an                                                                                          of  insulation  from  public
            unpopular  sexual  assault                                                                                          perception."
            sentence    warned     that                                                                                         Persky  declined  comment
            the  results  show  women's                                                                                         Tuesday  night  and  didn't
            rights  and  the  #MeToo                                                                                            return  phone  calls  from
            movement  are  now  a                                                                                               The  Associated  Press  on
            potent  political  force  that                                                                                      Wednesday.
            politicians  ignore  at  their                                                                                      In  an  interview  with  AP
            own peril.                                                                                                          last  month,  Persky  said  his
            "The  broader  message  of                                                                                          recall  threatened  judicial
            this  victory  is  that  violence                                                                                   independence.
            against  women  is  now  a                                                                                          "To get justice from a judge,
            voting  issue,"  said  Stanford                                                                                     they  need  someone  who
            University   law   professor                                                                                        follows the rules. The basic
            Michele    Dauber,     who                                                                                          rule  is  the  rule  of  law,"  he
            launched  the  recall  effort                                                                                       said.  "The  problem  with
            against Santa Clara County                                                                                          this  recall  is  it  will  pressure
            Judge Aaron Persky.                                                                                                 judges to follow the rule of
            The  judge  sent  former                                                                                            public opinion as opposed
            Stanford  swimmer  Brock                                                                                            to the rule of law."
            Turner to jail, not to prison.                                                                                      But  Persky  adopted  a
            Critics  said  the  six-month                                                                                       recommendation        from
            sentence was too lenient.                                                                                           the   county    probation
            But opponents of the recall                                                                                         department    and    cited
            warned     that   Tuesday's                                                                                         Turner's   clean   criminal
            lopsided  result  —  Persky                                                                                         record,  age,  loss  of  his
            lost  by  20  points  —  is  also                                                                                   Stanford  swimming  career
            a  powerful  political  force   In this May 15, 2018 file photo, Judge Aaron Persky poses for a photo with a sign opposing his   and other factors, including
            where  it  shouldn't  be:  the   recall in Los Altos Hills, Calif.                                                  the involvement of alcohol,
            courtroom.                                                                                         Associated Press   for the short jail sentence.
            "This  sets  a  dangerous                                                                                           Dauber  said  opponents'
            precedent  for  state  court  in   June   2016    shortly  they  fear,  other  judges  in  majorities  or  those  with  position  takes  a  "dim  view
            judges  in  California  and  after   Persky   sentenced  elected  positions  will  be  even       understandably  of  judicial  integrity"  and
            perhaps    beyond,"    said  Turner  to  six  months  in  jail.  reticent to issue unpopular  inflamed passions."   that she has faith judges will
            LaDoris  Cordell,  a  retired  Prosecutors  had  wanted  but lawful rulings.           A  widely  cited  2015  study  continue  to  exercise  their
            Santa  Clara  County  judge  a  lengthy  prison  sentence  "Subjecting   judges   to  of  elected  state  judges  independence  regardless
            who    supported    Persky's  for  Turner  in  the  sexual  recall  when  they  follow  in   Pennsylvania    and  of the outcome. She noted
            campaign      against   the  assault of a young woman  the law and do something  Washington  by  New  York  that  recall  elections  are
            recall.                      incapacitated by alcohol.    unpopular      undermines  University's   law    school  rare.
            Cordell  was  among  a  They  noted  that  Persky  judicial          independence,"  concluded      that   judges  The  recall  was  the  first
            number  of  law  school  was  removed  from  office  Rosen said in a statement.  are influenced by election  of  a  California  judge  in
            professors   and     retired  for  delivering  a  lawful  "When  judges  believe  that  cycles.  The  study  found  more  than  80  years.  The
            judges who fear that judges  sentence that Santa Clara  they  will  lose  their  careers  judges   issued   longer  last  judge  recalled  in  the
            may  now  take  public  County District Attorney Jeff  for      making    unpopular  sentences for serious felony  United  States  occurred  in
            perception  into  account  Rosen declined to appeal.  but  lawful  decisions,  they  conviction when they were  Wisconsin in 1977.
            more  than  they  should  California's      Commission  may  lack  the  courage  to  close to re-election.          For  his  part,  Turner  has  to
            when handling high-profile  on  Judicial  Performance  stand  up  for  the  rights  of  "It's  very  concerning  if  register as a sex offender for
            and sensitive cases.         ruled  that  the  sentencing  minorities or others needing  the   recall   become   a  life. He lives with his parents
            The  recall  effort  started  was  done  correctly.  Now,  protection  from  powerful  normal  tool  for  removing  near Dayton, Ohio.q
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