Judge criticized for Stanford athlete’s rape sentence is ousted in recall vote

Aaron Persky, who drew national condemnation for his lenient sentencing of Turner, saw his 15-year career end on Tuesday after California voted to recall him. To them, Persky became a symbol of all sexual offenders who mistreat women, and also all the males in the legal system who have been too dismissive of sexual crimes against women. Persky referenced Turner’s age and lack of criminal history in handing out only six months in jail, but that decision was widely criticized on social media and elsewhere, and a campaign began nearly immediately to recall Persky. But when it gets to the step of a recall-actually recalling a judge primarily based on one decision-that, for me, is a step too far.

The recall vote sparked came at a time that has seen hundreds of women publicly accusing powerful men in business, government and entertainment of sexual misconduct and harassment.

According to the California Constitution, a recall can be called whenever voters wish “to express their dissatisfaction with their elected representatives”. Four others require malfeasance or other specified wrongdoing, while 41 states and the federal government prohibit it.

The recall was the first of a California judge in more than 80 years. But their arguments about judicial independence and probation recommendations could not match a well-organized, well-funded recall campaign.

No, that didn’t seem to matter to supporters of the recall. “This mob mentality and witch hunt is going to haunt us for years”.

TIMELINE: How the Brock Turner case ignited debate on sexual assaultWhile the recall might be interpreted as a way to balance the scale of justice evenly for the accused and the victim, defense attorney Steven Clark, who has also been a prosecutor, says both sides may have been hurt.

Stanford law professor Michele Dauber launched the recall effort in June 2016 shortly after Persky sentenced Turner to six months in jail for sexually assaulting a young woman outside a fraternity house on campus. In other words, he helped incarcerate people like Turner, 22, who is now living near Dayton, Ohio, and required to register annually for life as a sex offender. Here’s hoping that Persky’s recall brings hope to victims of assault and some long overdue peace to Turner’s survivor.

“I think generally judges should accept criticism” Persky maintained. “There’d be such public backlash”.

“I expected some negative reaction”, Persky said.

Cordell added, that the vote implies if judges don’t concede to popular opinion, “they can lose their job”.

But Mr Persky told The Associated Press in an interview that he had no regrets over how he handled the case or his courtroom. “It was a ideal storm”.

As of last August, more than 91 law professors – including almost 30 from Stanford – had signed a statement in “strong opposition” to the campaign, arguing that it “threatens the fundamental principles of judicial independence” and could continue the cycle of mass incarceration by encouraging harsher sentences, particularly for people of color and the poor.

The judge sent former Stanford swimmer Brock Turner to jail, not to prison.