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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