Judge Aaron Persky

JUDGE AARON PERSKY

I have three questions for friends.  I would love to hear your response!

1.      Did Judge Aaron Persky impose too light a sentence? 

2.      Should people upset by the sentence have the right to recall the judge?

3.      If the recall is successful, is the independence of judges being threatened?

THE STORY:

Normally I’m on Facebook for fun, to exchange comments, pictures, and quip with friends.  Occasionally a stinging barb or two gets through but this is not a website for put-down or acrimony.  People tend to be friendly and avoid insults, at least in my circles.

Once in a while a real disagreement breaks out.  The cause of this dispute is a legal case.  The defendant was Brock Turner, a student at Stanford, and what he did on Jan. 18, 2015 to an unconscious 22-year-old woman.  Mr. Turner was indicted on five charges: two for rape, two for felony sexual assault, and attempted rape.

The first two charges were dropped for lack of evidence.  He was convicted of the other three charges of “felony sexual assault”:

·         sexual penetration (by a foreign object) of an unconscious woman    

·         sexual penetration (by a foreign object) of an intoxicated woman       

·         assault with intent to commit rape

On March 30, 2016 he was found guilty on all three counts.  The prosecution asked for six years.

On June 2, Judge Aaron Persky sentenced Turner to six months in jail.  He was released after three months.  He is on probation for three years, must register as a sex offender and take part in a rehabilitation program.  (Both men are white and Persky attended Stanford).

A recall movement began to remove the judge for being too lenient in his sentence.  Enough signatures have been gathered to place the issue on the ballot. 

The controversy centers on two issues:

1.      Whether the sentence was fair: 6 months for three felony sexual assault charges.

2.      Whether it is fair to recall a judge who acted legally in imposing this sentence.

When I first heard of the recall effort, I did not support it. I felt it would set a dangerous precedent if a judge were recalled; whether I approved of his sentence or not, he was acting within his rights to impose it. 

I tried to take this high moral road for as long as I could, which lasted about two weeks.  Then anger overcame me at what I considered to be a ridiculously lenient sentence.  Many others feel the same way and we signed petitions to demand a recall election: let the voters decide.

On Facebook, another judge posted a defense of Judge Persky.  That’s the controversy!

One side maintains the sentence was fair, which the other side disputes.  Was six months an appropriate punishment for conviction on three counts of felony sexual assault? 

There is a second issue: those who defend Judge Persky’s sentence believe that a successful recall could impact the independence of the judiciary (imagine a judge second-guessing himself for fear of recall). 

In rebuttal, those outraged by the sentence feel there is no other way for people to push back against such unwarranted leniency.  They suspect race and class privilege to be part of the mix, too.  (Imagine the sentence for a Black man accused of the same thing). 

They maintain that citizens in California have the legal right to avail themselves of the recall process.  They are concerned with one case and one judge; they are not trying to limit the rights of judges to carry out their duties.  If the recall is successful and serves as warning to the next judge to think twice before imposing such a light sentence, so be it.   

 That is how matters stand at present.  Here are the questions again:

1.      Did Judge Persky impose too light a sentence? 

2.      Should people have the right to recall a judge?

3.      If the recall is successful, does it threaten the independence of the judiciary?

I would love to hear your thoughts on this matter!