The successful recall of Aaron Persky caps an emotional and intense two-year campaign for his ouster led by opponents appalled at the California judge’s lenient sentencing of sexual assault convict Brock Turner. It also marks a historic and rare event: The last time a sitting judge in California was recalled was more than 80 years ago, in 1932.
The recall campaign—and its results—have been viewed by many in the legal establishment with trepidation about the signal it sends regarding judicial independence. Legal experts and outside observers, though, seem to agree that the circumstances surrounding Persky were unique and not likely to be easily replicated.
At the same time, some say the outcome gives future judicial opponents a new measure of confidence about the feasibility of ousting a judge through a recall or other election process and provides would-be recall campaign leaders a blueprint of sorts to follow.
“It’s hard to meet all the requirements [of a recall]. It’s hard to get all the petitions signed, and then keep the anger level up,” said Charles Geyh, a professor at the Maurer School of Law at Indiana University and author of a forthcoming book about judicial elections. Geyh said the Persky recall was the “one-in-a-million” case where campaigners were successful.
“This may embolden angry locals to get judges recalled in the near term,” Geyh added.
A minority of states in the U.S. allow judicial recalls. Only nine have such a mechanism on the books, and four of them require certain facts be alleged or proven in order for the process to be triggered.
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