recall judge

An image used in for the recall effort.

Voters on June 5 recalled Michael Aaron Persky, the judge who sentenced a man to six months in prison for the sexual assault of a woman.

This victory is not just for Emily Doe but is a victory for girls and women everywhere, said Stanford law professor Michele Dauber, who led the recall effort.

To girls everywhere, this campaign is with you, she said.

Persky is the first judge to be recalled in California in 86 years.

The unofficial vote, with some precincts still to be counted, was 59 percent for recall and 41 percent against.

Persky presided over the trial of a 20-year-old Stanford University student, Brock Turner, who sexually assaulted an unconscious woman behind the dumpster at a frat party.

Turner was convicted of three felony counts of sexual assault and facing a statutory maximum sentence of 14 years. The prosecutors asked for six years in prison. The Santa Clara County Probation Department recommended just six months in the county jail. And Turner s defense attorney asked for four months in jail.

Persky, citing the severe impact of imprisonment on the rapist s life, sentenced Turner to six months.

Widely criticized for the lenient sentence, Persky faced an organized campaign to remove him from office through a recall vote, which was held June 5, during California s primary elections.

The campaign for the recall of Judge Aaron Persky was an all-volunteer operation led by Dauber and supported by the National Organization for Women, the National Women s Political Caucus, Democratic Activists for Women Now, California Nurses Association, South Bay AFL-CIO Labor Council, California Democratic Party Region 7 and others.

Ahead of election day, campaign co-chairs Sophia Yen Rebeca Armendariz and Jennie Richardson urged a "yes" vote with this joint statement: "For women, Brock Turner s sentence isn t just shocking, it s dangerous. It reinforces the myth that sexual assault isn t serious. Why would a victim go through the long process of medical examinations and invasive questions if the result is a slap on the wrist? Based on our experience working with victims, we believe this light sentence will deter others from coming forward."

An online petition at Change.org collected more than 100,000 signatures for the judge s ouster. Another petition, for impeachment, had more than a million signatures.

And local newspapers editorialized in favor of a recall.

The Palo Alto Weekly said, "Persky's six-month sentence of Turner, which resulted in Turner only actually serving three months due to the standard 50 percent reduction of time for 'good behavior,' undermined the jury verdict and stunned the nation for its leniency. It sent exactly the opposite message hoped for by the victim and those seeking to reduce the high incidence of sexual assault on college campuses."

The Mercury News stated, "Voters need to stand up and make a statement on behalf of women and men about the seriousness of sexual assault. Persky s sentence failed to do so to an extent that he never will again be able to serve as a respected, effective judge. He should be recalled.

It may not be fair to Persky, who is a decent man and an able judge. But neither was Persky s six-month sentence in 2016 fair to the young woman who was sexually assaulted by Brock Turner. The Stanford swimmer attacked the intoxicated, unconscious victim outside a campus fraternity party and was released after three months for good behavior.

Persky bypassed the prosecution request for six years in prison for Turner. The judge also failed to take into account the woman s moving statement before delivering the sentence. Her sense of justice never will be the same.

The survivor of the assault, known as Emily Doe, had made a statement, saying, in part that Turner had taken away my worth, my privacy, my energy, my time, my safety, my intimacy, my confidence.

Still, the recall was opposed by the district attorney in the Turner case, Santa Clara County prosecutor Jeff Rosen, who had said, Judicial independence is a critical part of the U.S. justice system. The immense power that comes with judicial independence also comes with accountability to the people we serve.

The Santa Clara County Bar Association also opposed recalling Persky, saying to do so would be a "threat to judicial independence.

Persky had removed himself from hearing criminal cases and was working the civil division.

In a statement before the vote, urging voters to keep him in office, Persky issued a statement reading, I am required to consider both sides. California law requires every judge to consider rehabilitation and probation for first-time offenders. It s not always popular, but it s the law, and I took an oath to follow it without regard to public opinion or any personal opinions I might have as a former prosecutor.

Turner served three months of his six-month sentence.

Editor's note: This story will be updated.

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