Will the recall hurt judicial independence? - Recall Judge Aaron Persky

Will the recall hurt judicial independence?


California judges are accountable to voters, and that means considering judges’ previous decisions. Under Article II Section 14 of the California Constitution, judges are elected and they are subject to the recall like all other elected officials. Voters may consider information about the judge's performance of his duties when casting their ballots in a regular election. A recall is simply a special election and the same information may be considered. It is up to the voters to determine whether or not Judge Persky continues in office, and the voters may consider his history on the bench including his decisions in making their determination.

There is relevant information regarding the sentence in this case that may be considered by voters in casting their ballots. Brock Turner was found guilty on three counts of sexual assault, which carried a minimum sentence of two years in prison. Judge Persky intentionally ignored the statutory minimum to hand out a light sentence to an elite athlete from his alma mater. Additional evidence continues to be released that Judge Persky has shown a pattern of bias in his decisions.