What Does California’s Experience with Recall of Judges Teach Us?
Recently there has been much public discussion about whether Santa Clara Superior Court Judge Aaron Persky should be recalled. We thought it would be useful to provide an overview of the facts about judicial recalls in California, their history, and the issues involved. This article takes no position on the merits question of whether Judge Persky should be recalled. The Issues Involved In general, the design of California’s judiciary is influenced by some competing policy alternatives, known as “value sets.” In a value set, favoring one alternative over another reflects a decision to advance a particular policy goal, and one...