We all remember Brock Turner’s borderline laughable sentencing back in June 2016, you know where he was only sentenced to six months of jail time after he was convicted for sexually assaulting an unconscious woman (but he ultimately only served three months of jail time for his crime.) Well, the judge who sentenced Turner to his lenient conviction has reportedly been recalled.
USA Today reports that Santa Clara County Superior Court Judge Aaron Persky, who was up for a recall election in the statewide primary election, was recalled with more than 59 percent of voters and will be replaced by Stanford grad, Cindy Hendrickson.
While the majority of the voters were in favor of recalling Persky, CNN notes that Persky apparently thinks that his potential recall could have problematic side effects. In an interview last week, Persky told CNN, “I think generally judges should accept criticism. They should accept responsibility for rulings. 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.”
Aaron Persky, the judge in the Stanford rape case, is losing a recall vote, 59-41, in early results. Would be the first California judge to be recalled since 1932 pic.twitter.com/tfuvGrTrsw
— Jon Passantino (@passantino) June 6, 2018
However, some voters argue that the “one decision” Persky is talking about was a significantly abhorrent decision. The Guardian adds that Persky received backlash for a particularly troubling quote during Turner’s trial. “A prison sentence would have a severe impact on him,” Persky said during the sentencing process. (Just like surviving a sexual assault probably had a “severe impact” on Turner’s victim, Emily Doe.)
In fact, Persky’s decision to sentence Turner to six months of jail time, when the maximum sentence was 10 years, ignited a million dollar campaign to recall the judge, according to Vice. Regardless, voters have the right to vote to recall any allegedly untrustworthy judicial members out of their position.
According to the National Center for State Courts (NCSC), under the California law, judges can be removed from their judicial duties in three ways—one method being voted out of their position during a recall election. California isn’t the only state that has structured laws and elections to prevent corrupt or biased judges.
Beyond the states that the NCSC cites on its website (which is all 50 states, BTW), under specific sections and subsections of U.S. code 375, judges can still be recalled for their actions in the courtroom.
Aside from the fact that Persky’s argument is based on the slippery slope logical fallacy and therefore it isn’t that sturdy of an argument to begin with that his potential recall could lead to a slew of judicial recalls, the outcome of Persky’s polls could show voters that they can exercise their rights to hold judges accountable for their troubling sentencing.