However, nearly two years to the day that Persky handed down the lenient sentencing to spare Turner from the "severe impact" of prison and some actual fucking consequences, California voters have seemingly handed down a sentence of their own in the primaries: a recall. In response to the public outcry, the California legislature revised their penal code to require that judges must give those convicted of sexual assault actual prison time rather than probation or jail. A broad swath of Silicon Valley's legal community said it also ran the risk of harming less privileged defendants by pressuring judges to impose harsher sentences.
Only five states - California, Arizona, North Dakota, Oregon and Wisconsin - allow judges to be recalled for any reason. In 1986, three state Supreme Court justices were removed from office, including Chief Justice Rose Bird, but that was during a general election, not a recall.
Persky, 56, was unavailable for comment. The university is located in Palo Alto in Santa Clara County. He will be replaced by Assistant District Attorney Cindy Seeley Hendrickson, who was outpacing San Jose civil litigator Angela Storey, 70 percent to 30 percent.
A California judge under fire for a six-month sentence for sexual assault given to a Stanford swimming champion was ousted Tuesday in a recall vote.
"I hope judges will still be independent", said Loyola law professor Laurie Levenson.
Dauber holds a doctorate in sociology and has always been an advocate for victims of sexual assault.
But he was handed the much shorter six-month sentence and three years probation after Judge Persky expressed concern about the impact prison would have on him.
"This will put a chill in any judge when considering a sentence in the criminal courts", Edwards said, "and I suppose that's what the recall supporters wanted".
And even with four years left of a six-year term, Fly's told that some folks are plotting a challenge should the newly minted judge seek re-election. Turner has appealed his conviction, and judicial canons bar judges from speaking directly about pending cases.
Cordell said she would work to change California's recall law so judges can not be ousted for making a lawful judgment call. Eleven other Stanford law professors were among 46 law professors opposing the recall. I was very calm and wondering where my sister was.
"One thing that came out of this was, I got a lot of contacts from people in different states saying, 'This city council member abused his wife, you know, how can I make a movement like yours, '" she said. A recall target would be a first, however, and Edwards doesn't think a reappointment would work, at least not in Santa Clara County. "That is the real problem with what happened here". As a judge, my role is to consider both sides.