The status of the CA judiciary and the people of CA
The mid-term primary election in CA had one historic vote take place, that of the recall of Judge Aaron Persky, the judge who ruled for jail time to only be six months for the Stanford rapist, Brock Turner, who served only three months of that time.
The debate for this recall will be remember (as this vote is being called as passing at this point) as the first judge to be recalled in CA in 86 years. The people spoke and took action with their votes and recalled Judge Persky
Michele Dauber, a tenured Stanford law professor, stood up to launch the recall against Persky the day Brock Turner left jail. The #twentyminutes signs made a point; the intensity of one rape can last lifetime for a victim even though some would like to discount the act for the perpetrator. This hashtag was created from the quote by Dan Turner, the sex offenders father, when he wrote in a letter asking for probation, “That is a steep price to pay for 20 minutes of action out of his 20 plus years of life.”
Critics against the recall claim Judge Persky followed the law and therefore there is no recall needed. Some stated laws were changed based on this case and that is how we improve our system without recalling judges. Even though DA Jeff Rosen helped change the law for unconscious victims of rape, he recommended six years of prison in this matter while maximum was set at 14 years.
Recall opponent LaDoris Cordell told KPIX that it was unlikely Persky could catch up. “This is a sad day for the California judiciary,” said Cordell, a former Santa Clara County judge who was active in the campaign against the recall. Some claim longer sentence will now be handed out for the fear of a recall.
But is it a sad day for the judiciary? Should there be any fear for judges?
Our state operates through three branches: executive, legislature and judiciary. Those elected and appointed are responsible to the people of California. They are there to protect us and help our state continue to prosper, although no mission statement for CA.gov can be found.
The judicial branch of government is charged with interpreting the laws of the State of California. It provides for the orderly settlement of disputes between parties in controversy, determines the guilt or innocence of those accused of violating laws, and protects the rights of individuals.
What happens when rights are not protected? What is the recourse for those who feel the law was not followed and there were ethical issues?
The law states recalls and impeachment of judges are legal and a way to remove a judge from the bench. Prior to yesterday, the last successful recall election of a judge happened in 1932. The law to recall a judge came into law in 1911 and since that time as of yesterday’s election, there have been five judges recalled.
As to how many judges have been subjected to recall actions, it is unclear. We know of five filing for recalls in Solano County, two for the same judge, all from family court. While these did not end up on the ballot, their “Five in Five” years are making a point. From the cases below, Judges Ichikawa and Riggins-Unger retired after being served recall notices. Judge Riggins-Unger is still on the bench, but has had an impeachment filed with the CA Legislature that is still in process.
·2013 - Judge Daniel Healey, who was subsequently publicly admonished by the Commission on Judicial Performance and moved out of family court
·2014 - Judge Cynda Riggins-Unger, retired post recall filing
·2017 - Judge Christine Carringer, who still serves on the family court bench
·2017 - Judge Garry Ichikawa, retired post recall filing
·2018 - Judge Cynda Riggins-Unger, retired post recall filing
A judge up for reelection rarely will have any lawyer run against them. In a recall, others can run for the chance the recall will pass and they can fill the void. It appears the Assistant DA in Santa Clara County, Cindy Hendrickson, will replace Judge Persky, even though she opposed the recall.
This election also saw another judge up for re-election, Judge Vincent Chiarello. His name normally would not have been added to the ballot for there was no opposition. His name was added to the ballot after enough valid signatures were collected to put him on the ballot. Since there was no valid opponent for the write-in against Judge Chiarello, he should have six more years on the bench.
Judge Chiarello was on the ballot in Santa Clara County this election due to the efforts of family court reform advocates for Judge Chiarello dismissed abuse and ordered a young girl into the custody of her abusive father. The father then drugged, raped (multiple separate rapes) photographed, videoed, murdered, and buried her only to claim she ran away. Alycia Mesiti Allen will be remembered.
Judges continue to dismiss abuse in CA. Judge Chiarello’s decision led to the death of a young and bright girl. Judge Cynda Riggins-Unger also ordered a young girl into the hands of her abusive father who in his care saw his daughter die at five years old from what appeared to malnourished and emaciated. He then took his daughter and put her dead body in storage container. Cali Anderson will be remembered.
Judge Ichikawa refused to give a restraining order to Felisha Jackson even though the judge was aware of prior domestic violence. She was then killed by the father of their children, Everett Highbaugh, as he shot her to death in front of their children. Felisha Jackson will be remembered.
As noted on the CPPA site, children are being ordered into the custody and care of their named abusers. On study shows in CA there is an 85% chance of losing custody to the abuser if abuse is brought up in litigation. We are at a precipice of time with the #MeToo movement that is acknowledging abuse more and more from the work place and in sports. Abuse in the home is substantiate around 10% or less in most cases and counties. Lawyers are advising litigants not to bring up the abuse for they most likely will lose custody. The silencing of abuse continues in family court.
Although most concerns against judges do not rise to the level of recalls or impeachments, it could be seen by some as the only means to bring justice back into the California courts and protect our children.
Judges who are unethical or do not follow the law may be reported to the Commission on Judicial Performance (CJP). This watch dog organization has been in existence since 1960. Complaints can be filed with the CJP which has approximately 24 staff positions with a yearly budget close to $5 million. But the problem here is valid complaints are being dismissed.
Family court reform advocates brought the problems of the CJP’s complaint dismissals before the Legislature in 2016. An audit for the people was ordered in August 2016, only to see the CJP sue the CA State Auditor to ensure the auditor would not see the complaints that come in for review. This is the first audit the CJP has ever been ordered to undergo. The audit is now in appeal as the lower court ruled in favor of the CJP.
When the CJP only publicly disciplined just 56 judges out of more than 11,455 complaints received over the past 10 years, or approximately 0.48%, one can begin to understand why recalls are happening. The CA courts are virtually going unregulated, there is no accountability for judges and the people are demand ethical and lawful judges.
Advocates have gone to the Legislature to ask for the CJP to be defunded. This past month the Assembly and the Senate both voted to cut the CJP’s budget by $500,000 for the CJP is not making any moves to release the complaints to the auditor. The Assembly Budget Sub Committee 5 directly asked the CJP to find a way to help them responsibly fund the CJP. While the CJP continues to not turn over the complaints to the auditor, there should be concern over the status of our courts.
We are at the point of not only recalls, but the Legislature stepping in to help govern the judicial branch for it is not clear if the courts are operating as they should. From the vote to cut the CJP’s budget and a request for the Judicial Council to look into the problems of family court, the Legislature is attempting to bring in balance.
The people have the right to recall. They have a right for complaints to be processed in an ethical manner and deserve to have judges who are accountable.
The bottom line is women and children have the right to be safe from abuse and rape. The rape culture must end now. Our courts must do more now to protect victims.
Read the Emily Doe's victim statement from the Brock Turner sexual assault here.
Read more about the Judge Persky recall here and here.
Read more about the death of Alycia Mesiti Allen here.
Read more about the death of Cali Anderson here.
Read more about the death of Felisha Jackson here.
Read more about the CJP audit here.
File a complaint with the CJP here.








