News


San Jose lawyer enters recall race

Two candidates now vying for judgeship currently filled by Aaron Persky

Despite the fact that attorney Angela Storey opposes the effort to recall Santa Clara County Superior Court Judge Aaron Persky, she has decided to run for his seat in the June election.

Storey, who has represented clients in personal injury and tenant-landlord cases at a private practice since 2013, pulled on Feb. 7 a petition to gather signatures for her candidacy in the judicial recall.

The recall measure qualified for the June 5 ballot late last month and was formally approved by the Santa Clara County Board of Supervisors earlier this month. The campaign working to unseat Persky alleges he has shown a pattern of bias against women and defendants of color in sexual-violence cases, starting with his sentencing of former Stanford University student Brock Turner in 2016.

Storey said in an interview that Turner's sentence — six months in county jail for sexually assaulting an unconscious, intoxicated woman outside a Stanford fraternity party — was within the law. She declined to comment on whether she agreed with the sentence.

"From my perspective, a judge's job is to make difficult choices and to make rulings that people aren't going to always agree with," she said. "We don't want our judges necessarily looking over their shoulders trying to gauge public opinion."

She saw the legislative changes that came as a result of the case -- a law establishing a mandatory prison sentence of three to eight years for anyone convicted of sexually assaulting an unconscious person -- were positive.

If the recall succeeds, Storey said voters need to have a fair, experienced candidate to appoint as Persky's replacement.

"We need a judge who's got a diverse experience in the legal field who understands not just criminal but also civil (case) and somebody who has a temperament to ensure everybody in that courtroom is going to be treated fairly," she said.

Storey, who was born and raised in Sunnyvale, earned an undergraduate degree in international economics from the University of California, Los Angeles, and her law degree from the Santa Clara University School of Law.

Her first job was working as a trial attorney for Farmers Insurance. She then worked on construction and business litigation for several years before returning to Farmers Insurance.

In 2013, she joined her husband's law firm, now called the Law Offices of Storey & Storey.

Storey was also president of the Santa Clara County Trial Lawyers Association for the last two years and is a member of the Santa Clara County Bar Association's civil practice committee. For several years, she ran the Santa Clara County Office of Education and the Santa Clara County Bar Association's high school mock trial program. (Persky was a lawyer in that program, she said.)

Storey also volunteers as a judge pro tem for small claims in Santa Clara County and as an early settlement conference neutral, or mediator, for civil cases.

Storey said she was considering becoming a judge prior to the recall; she started working on an judicial application to submit to the governor about two years ago and filed it in May.

Storey joins one other candidate so far in the recall race: Cindy Hendrickson, a Santa Clara County assistant district attorney.

Recall candidates are required to file a declaration of intention with the Santa Clara County Registrar of Voters between Feb. 21 and March 2. They will then file for election during a nomination period from March 7-22.

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Comments

8 people like this
Posted by Democrat
a resident of College Terrace
on Feb 16, 2018 at 4:05 pm

[Post removed.]


2 people like this
Posted by asdf
a resident of Adobe-Meadow
on Feb 16, 2018 at 7:44 pm

So, how does this actually work? Do you get to vote for:
[ ] Hendrickson
[ ] Persky
[ ] Storey

on the ballot?


Like this comment
Posted by deb
a resident of Barron Park
on Feb 17, 2018 at 1:15 pm


No. Persky is not included. See;

Web Link


Election results
If a majority of electors vote "yes" on the recall question, the official in question will be recalled from office. If a majority of electors vote "no," the official will remain in office. In the event of a successful recall, the replacement candidate who receives the most votes will serve the remainder of the recalled official's term. If no replacement candidate is nominated or qualifies for the position, the office will be vacant and filled according to the relevant laws governing vacancies.
DocumentIcon.jpg See laws: California Code Division 11, Chapter 4, Article 4, Sections 11384 - 11386


33 people like this
Posted by Michele Dauber
a resident of Barron Park
on Feb 17, 2018 at 7:10 pm

Michele Dauber is a registered user.

I am strongly supporting Cindy Hendrickson in this election and urge you to do the same. Cindy is an experienced prosecutor and is a 22-year veteran of the Santa Clara County DA's office and is on the executive team for that office. Unlike this person, she has a long career in public service, and she stands with survivors of sexual assault. She has not opposed the recall, so unlike Storey she understands why she is running. She supports criminal justice reform and has values in line with those of this county. She has a multi-racial family and her values reflect concern for inclusion and diversity and ending mass incarceration.

She is better qualified than Judge Persky quite apart from Brock Turner and she has far better judgment. I support Cindy Hendrickson for Judge.

Michele Dauber
Chair, Committee to Recall Judge Persky


2 people like this
Posted by Go away
a resident of Duveneck/St. Francis
on Feb 17, 2018 at 9:22 pm

[Post removed.]


Like this comment
Posted by @Go away
a resident of Mountain View
on Feb 17, 2018 at 9:58 pm

[Post removed.]


1 person likes this
Posted by Go away
a resident of Duveneck/St. Francis
on Feb 17, 2018 at 10:17 pm

[Post removed.]


Like this comment
Posted by PA Mom
a resident of Old Palo Alto
on Feb 17, 2018 at 10:19 pm

[Post removed.]


7 people like this
Posted by Anon
a resident of Another Palo Alto neighborhood
on Feb 17, 2018 at 11:08 pm

Another baffling event in this recall, to add to the other things I don't understand. I don't understand:

- Why did District Attorney Rosen endorse Persky and oppose recall, if Rosen doesn't consider Persky competent to handle certain cases:

Web Link

- Why, if Persky believes "strongly in judicial independence," ... "you want the judge to make a fair and lawful decision, free from political influence.",
did Persky then go on to hire a highly partisan right-wing political consulting organization for his anti-recall campaign?

Web Link

- Why do all of the people endorsing anti-recall on the basis of "judicial independence" avoid discussing the most important aspect of being a judge: judgement. Angela Storey, in the above discussion, states that the Brock Turner sentence "was withing the law". The Voices Against Recall site, Web Link , has many statements like, "Recalls should be reserved for judges who have a pattern of bias or misconduct. Judge Persky has neither.” "Judge Aaron Persky Cleared of Misconduct". "The Associated Press reported that Persky's other rulings showed no racial bias." "... cleared of misconduct." etc. etc.

These are all straw man arguments. If Persky showed (serious) racial bias, or, engaged in (serious) misconduct, or made judgements that were (seriously) -illegal-, he should have been impeached -immediately-.

Why doesn't anybody want to talk about Judge Persky's -judgement-? Is there no recourse if a judge makes bad decisions? Bad decisions in certain types of cases? Perhaps he just isn't cut out to be a judge? A lot of attorney's and judges are telling us, the general public, that we are not competent to judge the competence of a judge. Perhaps that is true, but, somebody has to do it. The system has to have a mechanism to deal with the competence of judges.


14 people like this
Posted by Yes Storey
a resident of Barron Park
on Feb 18, 2018 at 6:23 am

Yes Storey is a registered user.

Glad to have Storey in the race. I will vote AGAINST recalling Judge Persky and FOR Storey. The other candidate running has spent 22 years putting people in prison as a prosecutor.

Recalling a law abiding judge and replacing him with someone we hope will imprison more people for longer and longer terms should be abhorrent to voters seeking justice for women (3 of 4 CA prisoners are now poor non-white, not white privileged men in elite colleges).

Racism leads to far more arrests, heavier charges, more findings of guilt and longer sentences for people of color now. This recall campaign if successfull makes this worse.

Here is the link to the recent SF Chronicle newspaper editorial. It is against the recall and well worth reading why.

Web Link



4 people like this
Posted by history matters
a resident of Barron Park
on Feb 18, 2018 at 3:22 pm

"she stands with survivors of sexual assault. "

Which beggars the question of why Hendrickson didn't pursue the cases against professional athletes charged with domestic violence even when there was physical evidence that it occurred: Tramaine Brock, Ray McDonald, ...

Given this is all about Persky allegedly favoring athletes, Hendrickson history of lack of follow through against professional athletes is disturbing to say the least.


3 people like this
Posted by Pro persky
a resident of Barron Park
on Feb 18, 2018 at 4:22 pm

[Post removed.]


7 people like this
Posted by Anon
a resident of Another Palo Alto neighborhood
on Feb 18, 2018 at 8:30 pm

Posted by Yes Storey, a resident of Barron Park

>> Glad to have Storey in the race. I will vote AGAINST recalling Judge Persky and FOR Storey.

>> Here is the link to the recent SF Chronicle newspaper editorial. It is against the recall and well worth reading why.

I read the editorial. It sounded exactly like all the others, which is to say, it talks about how Persky did not do anything that is illegal, immoral, or fattening.

What it doesn't do is discuss Persky's judgement and competence.


12 people like this
Posted by Annette
a resident of College Terrace
on Feb 20, 2018 at 11:30 am

Annette is a registered user.

Disclosure: I do not support the recall and I also do not know and am not aligned with Ms. Storey in any way. But I question why Ms. Dauber's post is allowed to stand in this forum b/c it is essentially a campaign statement that promotes her preferred candidate while maligning the other candidate.

Thank you to the poster who provided the link to the Chronicle editorial; it is indeed a worthwhile read.

Moderator's note: Advocacy in support of candidates or for ballot measures are permitted on Town Square as long as they are substantive.


5 people like this
Posted by Annette
a resident of College Terrace
on Feb 20, 2018 at 6:25 pm

Annette is a registered user.

Per the article, in explaining why she supports Ms. Hendrickson, Dauber said, "Unlike this person, she has a long career in public service, and she stands with survivors of sexual assault. She has not opposed the recall, so unlike Storey she understands why she is running. She supports criminal justice reform and has values in line with those of this county."

I find Dauber's comments unfair and presumptuous. There's NOTHING in the article to suggest that Ms. Storey does not stand with survivors of sexual assault. There's NO BASIS for concluding that Ms. Storey does not understand why she is running. And there are NO GROUNDS for inferring that Ms. Storey's values are not in line with those of this county while stating that Ms. Hendrickson's are. Is Dauber now an expert on county values?

Opposing the Persky recall does not presuppose a person's opinion of the Turner sentence or that a person does not stand with survivors of sexual assault. And it most certainly does not mean that a person is incapable of understanding his or her own motivation for doing something such as running for office. That is ridiculous.


3 people like this
Posted by Joan Ferguson
a resident of Evergreen Park
on Feb 20, 2018 at 7:44 pm

There's a false equivalence at work here in the Persky Recall. The fact that the D.A. brought this case with what amounts to cruelty. [Portion removed.] Hearsay evidence used by a D.A. is a form of cruelty. Don't Recall Persky...Recall D.A. Jeff Rosen for bringing such a weak case.


6 people like this
Posted by Sickening victim blaming
a resident of College Terrace
on Feb 20, 2018 at 8:20 pm

[Post removed.]


10 people like this
Posted by Michele Dauber
a resident of Barron Park
on Feb 20, 2018 at 8:28 pm

Michele Dauber is a registered user.

[Post removed.]


Like this comment
Posted by Joan Ferguson
a resident of Evergreen Park
on Feb 20, 2018 at 8:43 pm

[Post removed.]


Sorry, but further commenting on this topic has been closed.

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