Aaron Persky, Judge In Brock Turner Sexual Assault Case, Will Face Recall

Judge Aaron Persky, who presided over a sexual assault case involving Stanford University student Brock Turner, will face a recall election in June. The Santa Clara County Board of Supervisors approved the ballot measure Tuesday, after 95,000 signatures came in calling for a recall vote — surpassing the minimum needed to mandate the recall.

Persky sentenced Turner to six months in jail and three years probation after he was convicted of three counts of sexual assault in 2016. Turner also had to be added to the California registry of sex offenders for life. The crime happened in 2015 and became a lightning rod national story.

Proponents of the recall have said the judge’s sentence is too light and accused him of having a history of lenient sentences for crimes of a similar nature. Prosecutors recommended six years for Turner.

Turner was released after three months for good behavior and because of laws aimed at reducing prison overcrowding in California.

Opponents of the recall have pointed out that the judge’s sentence was legal and made in consultation with a probation department recommendation, according to the San Jose Mercury News. Opponents of the recall have also said that voting the judge off the bench would have serious repercussions for judicial independence.

The California Commission on Judicial Performance investigated Persky’s sentencing after widespread complaints about the length of the sentence, but the body found the judge had committed no misconduct.

Superior Court Judges, like Persky, serve six-year terms.

The Board of Supervisors also placed the question of the judge’s possible replacement on the same ballot. If Persky is recalled, his replacement will be chosen the same night. The replacement doesn’t need a majority of votes, just a plurality. Persky’s term ends in 2022.

Judicial recalls in California are rare. The ability to recall judges became law in 1911 and only four have been recalled in the state’s history. The last time it happened was in 1932 when three judges were recalled in Los Angeles.

Assistant District Attorney Cindy Hendrickson is the only person who has announced they are running against the judge.