Aaron Persky

Prior to joining the bench, he practiced civil litigation for five years and was a prosecutor in Santa Clara County for six years. He also briefly coached girls' tennis at Lynbrook High School in the fall of 2019.

Michael Aaron Persky is an American attorney and former judge who sat on the Superior Court of California, County of Santa Clara bench from 2003 to 2018. He gained attention after his ruling in the case People v. Turner, in which he sentenced Stanford University student, Brock Turner, to 6 months in prison for the sexual assault and attempted rape of an unconscious 22-year-old woman, Chanel Miller. Despite allegations that race, gender, and class bias influenced his lenient sentencing of Turner (prosecutors had asked for six years), the California Commission on Judicial Performance found no wrongdoing in their investigation of the case. Nonetheless, Persky was recalled by voters on June 5, 2018, during the 2018 California primary elections.

Although he did not face any opposition in an election held five days after the sentencing, Persky lost his seat in a June 5, 2018, recall election. Online petitions calling for Persky to be removed following his lenient sentencing in the Turner case attracted over a million signatures by June 10, 2016. Professor Michele Dauber, a sociologist at the Stanford Law School and longtime advocate on campus sexual assault, who is also a family friend of the victim Chanel Miller, led the Committee to Recall Judge Persky. The Committee planned to collect signatures in Santa Clara County to force a November 2017 recall vote. The demands received support from Representative Ted Poe (R-Texas), who took to the floor of the United States House of Representatives to condemn Turner's sentence as too lenient and to call for Persky's removal.

On January 24, 2018, the county Registrar of Voters confirmed that sufficient signatures had been verified to put the recall on a ballot. There were 94,539 signatures submitted, far more than necessary. The recall issue was on the state elections ballot on June 5, 2018.

At least 93 law professors from public and private universities, including 29 professors from Stanford, signed a letter backing Persky in the recall effort. In addition, the Santa Clara Bar Association issued a statement opposing the recall, saying that it was unaware “of any other complaints or allegations of impropriety against Judge Persky during his 13 years on the bench." He stood by his sentencing, saying he's been unfairly targeted as the "face of rape" by recall advocates, at the same time admitting, "There is an underlying deep frustration among actual victims of sexual assault and women in general about the criminal justice system not taking sexual assault and domestic violence seriously. It's a very genuine and important problem." "The passion is authentic, the end is justified, let's increase sexual assault reporting. Let's do criminal justice reform where it's smart to do so." In a May 18, 2018, interview, Persky stated he had no regrets, and would rule exactly the same again on this case.

In October 2018, Persky was ordered to pay $161,825.68 to Dauber's recall campaign, which Persky had sued.

In June 2016, Persky was elected without opposition for another six-year term on the bench. The vast majority of Santa Clara County judges—25 in total—ran unopposed in 2016.

In 2016, Persky received international media attention and widespread criticism for sentencing Brock Allen Turner, a 20-year-old Stanford student convicted of three felony counts of sexual assault, to six months in jail and three years of probation. The statutory maximum sentence was fourteen years; prosecutors sought a six-year term, while the Santa Clara County Probation Department, in its presentence investigation report, recommended a six-month term in county jail, and the defense asked for a four-month term in county jail. During sentencing, Persky said he considered the factors noted by the Probation Office and the "severe impact" of imprisonment on the defendant's life.

On December 19, 2016, the California Commission on Judicial Performance cleared Persky of any judicial wrongdoing in the Turner sentence.

In June 2016, at least ten prospective jurors refused to serve in a misdemeanor trial for possession of stolen property where Persky was presiding, citing the judge's sentencing of Turner as a reason. The following week, Rosen filed a peremptory motion for recusal in a case where Persky was to preside over the criminal trial of a male surgical nurse charged with sexual battery for allegedly touching the genitals and breasts of a female patient under sedation. Rosen called his move to have the judge removed from the case, "a rare and carefully considered step for our office."

Following Turner's sentencing in 2016, the plaintiff's attorneys in the De Anza case criticized Persky for allowing the photos into evidence. Attorneys for Doe said the photographs were not the only evidence that Persky unfairly permitted. Four of the baseball players had invoked Fifth Amendment rights not to self-incriminate during the discovery phase of the litigation. According to a lawyer for Doe, that was a critical juncture: it prevented the plaintiff's legal team team from obtaining evidence that could have helped them pursue their case. The original judge in the case ruled in 2010 that the defendants could refuse to testify, but that would also mean that they would be prohibited from subsequently testifying in the case. That ruling was, however, overturned by Persky after he took over the trial in 2011, a move that Doe's attorneys say undermined her case.

Some legal experts viewed the sentence in the case as unusually light. One juror in the Turner case wrote to Persky that his sentence was "ridiculously lenient" and made a "mockery" of the entire trial. Danny Cevallos, a Pennsylvania-based criminal defense lawyer and CNN legal analyst, said that while the sentence was lenient, Turner's prior clean record made him a candidate for minimum sentencing. Following the controversy, the Associated Press analyzed 20 cases where Persky had passed sentences since January 2015 and found that Persky had followed the sentencing recommendation of the probation department every time.

The move to recall Persky was opposed by the Santa Clara County public defender, who said she was "alarmed by the hysteria" about the Turner sentence. Rosen, whose office prosecuted Turner and chose not to appeal the sentence, stated, "While I strongly disagree with the sentence that Judge Persky issued in the Brock Turner case, I do not believe he should be removed from his judgeship." At the same time, Rosen's office asked to have Persky removed as the judge in an upcoming sexual assault trial, saying that he had lost confidence that the judge could "fairly participate" in the case. Persky formed a committee to fight the recall effort, called "Retain Judge Persky — No Recall". Persky also initiated a proceeding to enjoin the circulation of the recall petition, which was denied, and Persky's appeal of that denial was also denied.

In 2011, Persky presided over a civil lawsuit against multiple members of the De Anza College baseball team, who were accused by the minor plaintiff, "Jane Doe", of gang-raping her while she was unconscious until a passerby intervened. During the trial, Persky decided that the jury should be allowed to view photographs of the plaintiff taken at a party she attended approximately a year after the alleged gang rape, as per the defense's claim that this evidence contradicted the plaintiff's claims of suffering from post-traumatic stress disorder. The jury found the defendants not liable.

By 2003, Persky was a deputy district attorney in the Santa Clara District Attorney's Office and prosecuted juvenile offenders; he was also a member of the DA's Juvenile Wards Team.

In 2002, Persky unsuccessfully ran for a seat on the Superior Court of California in Santa Clara County, losing to Ron Del Pozzo, who was also a deputy DA. Persky received 102,801 votes (47.9%), to Del Pozzo's 111,679 votes (52.1%) for Seat 16 on the court. In his 2002 run, Persky was endorsed by the Santa Clara County Bar Association (and its Women Lawyers Committee) and by the San Jose Mercury News, while Del Pozzo received the endorsement of Sheriff Laurie Smith, U.S. Representatives Zoe Lofgren and Mike Honda, and the AFL-CIO. Both candidates ran a positive race.

In 1997, Persky joined the Santa Clara District Attorney's Office. In this position, he prosecuted criminal offenses which included violent sex crimes and hate crimes. He served on the executive committee of the Support Network for Battered Women and the Santa Clara County Network for a Hate-Free Community.

He graduated from the UC Berkeley School of Law (Boalt Hall) in 1990 and was admitted to the bar in California in the same year. After college, he played for the Berkeley club lacrosse team, for which he was also a captain.

Persky graduated Phi Beta Kappa from Stanford University in 1984 with a bachelor's degree in international relations. He was the captain of the Stanford men's lacrosse team, a club sport. He received a master's degree in international policy studies from Stanford in 1985.

Michael Aaron Persky was born in 1962. His father, Murray Persky, was a psychiatrist. His mother, Susan Elder, was a French teacher. His paternal grandparents owned a poultry business. He grew up in San Francisco, California.