Met News
Supreme Court Issues Alternative Writ in Case of Ventura ‘Snoring Dog’ Judge
Nancy Ayers
The state Supreme Court yesterday issued an alternative writ of mandate in the case of
Ventura Superior Court Judge Nancy Ayers.
The high court, without dissent, ordered the Commission on Judicial Performance to
either withdraw the “stinger” letter that it issued to Ayers for keeping a service dog she
was training in her courtroom, or to explain by July 7 why it should not be ordered to do
so.
The commission said it acted in response to complaints by criminal defendants that
proceedings had been disrupted by snores or other sounds from the dog, whom the judge
kept at her feet. The judge denied the claim that the occasional sounds were disrupted,
and presiding judges who allowed her to have the dog in court and attorneys who
appeared before her have defended her.
The commission argued in its opposition to the judge’s writ petition that by having a dog
in the courtroom, Ayers failed to “to ensure that her judicial duties take precedence over
all other activities.” While her work with guide dogs is “laudable,” and it is appropriate
that the dogs be trained in public facilities, the need for the judge to give undivided
attention to proceedings renders it improper for Ayers to have the dog in court, the
commission insisted.
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Full Article Here: http://www.metnews.com/articles/2016/conf060916.htm
Daily Journal
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The Recorder
Viewpoint: In Stanford Sex Assault Case, System Worked
Santa Clara Superior Court Judge Aaron Persky should be commended for showing mercy in
sentencing former student-athlete Brock Turner to six months in jail and probation after a jury
convicted Turner of three felony sexual assault charges in the January 2015 attack of a woman at
Stanford. Here are eight reasons I'm defending this sentence.
• The culture of mass incarceration has warped our psyches into thinking that lengthy jail or
prison terms are always the answer to criminal behaviors like sexual assault. They're not.
• This culture of mass incarceration has so shaped our minds that when a judge, like Santa Clara
Superior Court Judge Aaron Persky, undertakes a holistic sentencing analysis that accounts for
both the victim and the convicted, we still insist on arbitrary, lengthy terms of incarceration as
the response to crime.
• Mass incarceration is largely a result of judges who have either not utilized discretion in
sentencing or who have been deprived by state legislatures of discretion. This lack of discretion
has manifested in draconian sentences and overfilled prisons. Rather than using robotic, onesize-fits-all punishment schemes, we want judges, like Judge Persky, to engage in thoughtful,
case-by-case, individualized determinations of the appropriate sentence for a particular crime and
particular offender.
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The Recorder
Prosecutors Won't Fight Brock Turner's Six-Month Sentence
The Santa Clara District Attorney’s office will not challenge the six-month sentence imposed
against Brock Turner, the former Stanford University student convicted on three felony sexual
assault charges, a spokeswoman said Thursday.
Spokeswoman Cynthia Sumida said the DA’s office does not believe that Santa Clara Superior
Court Judge Aaron Persky broke the law or abused his discretion in in his sentencing.She
emphasized that the DA’s office, which sought a six-year prison term for Turner, believes that
Persky made the wrong decision. But she added: “We don’t believe that we have a basis to
appeal or seek a writ in this case, though, because his decision was authorized by law and was
made by applying the correct standards.”
Probation department officials recommended six months in county jail. Turner was convicted in
March of sexually assaulting a 23-year-old woman who was unconscious behind a dumpster on
campus. He was caught by two graduate students who detained him and called the police.
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The Recorder
Lawmaker: If Persky Stays in Seat, Bench May Pay Price
A state assemblyman has called on besieged Santa Clara County Superior Court Judge Aaron
Persky to resign over his sentencing of former Stanford University student Brock Turner and
warned that "the bench" could face "very tough scrutiny" if he did not.
Assemblyman Mike Gatto, D-Glendale, issued his threat in a series of tweets posted Thursday
afternoon."Persky should resign, to save the bench from what could be some very tough
scrutiny. Judicial discretion must be used responsibly; he wasn't," wrote Gatto, who has a law
degree and practiced at O'Melveny & Myers and Mayer Brown.
"The people express their will through their elected representatives," Gatto continued. "We are
all dismayed & very disappointed w. sentence in Brock Turner case." "I believe the Legislature is
ready to use all of its constitutional powers to express society's disapproval of the
sentence."Gatto said he could "not just yet" elaborate "But 'all' means everything is on the
table," he concluded
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Met News
Three Judicial Incumbents Win Easily, Four Open Seats Go to Runoffs
All three of the Los Angeles Superior Court judges challenged in Tuesday’s primary
were reelected easily, as the four contests for open seats went to runoffs. Judges James
Kaddo, Ray Santana, and Kathryn Solorzano polled 76, 78, and 74 percent, respectively.
All three outspent their opponents, according to filed reports covering the period ending
May 21. Kaddo defeated Stepan W. Baghdassarian, a sole practitioner and liquor
distributor. Kaddo spent more than $35,000, and—as a result of a large personal loan to
the campaign—had more than $85,000 remaining in his account. Any expenditure of
those funds would not have to be reported until Aug. Baghdassarian did not file an
electronic report. A candidate who did not raise or spend $25,000 or more is not required
to file one.
Incumbents’ Spending-- Santana reported spending more than $16,000 and having about
$20,000 on hand, compared to $6,000 in spending and no cash on hand for opponent Eric
Ibisi. Solorzano, who hired consultant David Gould, was clearly the big spender among
the incumbents, spending $140,000 and having a little over $1,500 on hand. Her
opponent, Tami L. Warren, had spent less than $32,000 and had a little over $5,000 left
in the bank at the end of the pre-election reporting period.
In the open seat contests: Deputy District Attorneys Debra Archuleta and Steven
Schreiner will face each other in November after Deputy District Attorney Paul Kim and
civil litigator Jonathan A. Malek were eliminated. Archuleta and Schreiner both spent
heavily, and Archuleta was expected to do well as the only woman in the contest.
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Full Article here: http://www.metnews.com/articles/2016/judi060916.htm