Palo Alto, CA --- The Recall Judge Persky Campaign Chair Michele Dauber made the following statement in response to the Commission on Judicial Performance’s released report on Judge Aaron Persky.
“We will continue to proceed with the recall election as it is important for Santa Clara County voters to decide whether Judge Persky should remain on the bench. This report simply highlights what we have been saying from the beginning, which is that a petition for judicial discipline was not the correct venue to address these concerns, and the recall is the only realistic way to remove Judge Persky from office. Under the California Constitution, Judge Persky is an elected official and voters have the right to decide whether he should continue to serve on the bench for the next six years.”
“We strongly disagree with the Commission's conclusion on judicial bias and we believe that Judge Persky has in fact demonstrated a clear pattern of bias in cases of sex crimes and violence against women. In this regard, we note that the Commission's conclusions on Judge Persky's record in past cases appear to be based in part on serious factual errors. For example, the report states that the judge was following the probation recommendation in some cases in which there was no full probation report. Similarly the report states that the handling of the Gunderson case, in which Judge Persky allowed a defendant convicted of felony domestic violence to leave the state and travel to the state of Hawaii "aligned" with the probation recommendation, no probation report was prepared prior to Judge Persky entering an order that allowed Mr. Gunderson to leave the state in order to play football for the University of Hawaii. The Commission report failed to address whether allowing Mr. Gunderson to leave the state of California after his felony conviction was even lawful under the Interstate Compact for Adult Offender Supervision. We believe that it likely violated both state and federal law. Mr. Gunderson later went to a third state, Washington, where he was re-arrested for domestic violence."
“We believe that the record is completely clear that Judge Persky has a long record of failing to take violence against women seriously, and we will demonstrate when we launch the campaign early next year. We believe that voters support the recall and replace Judge Persky. The Recall Campaign has raised sufficient funds to collect the signatures needed to place Judge Persky's recall on the ballot and we will do so beginning in April, 2017."
"Judge Persky will not be handling criminal cases, at least temporarily. However, he will still be a judge, and judges rotate annually in our county. He can still transfer back to hearing criminal cases any time he chooses.”
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