Persky seeks $135K from supporters to pay legal fees

The Santa Clara County judge ousted from the bench after a contentious recall vote is asking supporters for donations to pay a $135,000 legal fee award.

"I was recalled by voters after a well-funded, misleading, and extremely negative campaign by recall proponents," former Superior Court Judge Aaron Persky wrote in an email to supporters.

Persky has until Dec. 31 to pay the legal fees, which he is personally responsible for if not enough contributions are received.

County voters initiated a recall vote after Persky sentenced Brock Turner, who has since been expelled from Stanford University, to six months in jail and three years' probation for sexually assaulting an unconscious woman in 2015.

A legal battle ensued with Persky, represented by McManis Faulkner, arguing that superior court judges are state officers that the recall should have been filed with the secretary of state.

A 6th District Court of Appeal panel ultimately ruled against the former judge. Persky v. Bushey, 17-CV-314311 (Santa Clara Super. Ct., filed Aug. 8, 2017).

Michele Dauber, who led the recall campaign, hired Fredric Woocher of Strumwasser & Woocher to challenge Persky's suit and sought legal fees for acting as a "private attorney general" in the former judge's complaint against Secretary of State Alex Padilla and the top county elections official.

"We were dragged into court by Persky and his attorneys, and we had an obligation to defend ourselves," Woocher said in October.

Chief Justice Tani Cantil-Sakauye expressed sympathy with Persky's plight in a meeting with reporters Tuesday, saying: "You cannot judge a judge strictly on one decision." But she also said all state judges must face voters in retention elections.