A recall campaign to oust the judge under fire for his handling of a sexual assault case involving Stanford University swimmer Brock Turner can resume, a judge ruled Monday.
Retired San Francisco County Judge Kay Tsenin agreed with the recall campaign that the county — not the state — has authority over the recall of Santa Clara County Superior Court Judge Aaron Persky.
Persky drew criticism nationwide after he sentenced Turner to just six months in jail for sexually assaulting a woman who had passed out behind a trash bin near a fraternity house. Turner was released after serving three months.
The ruling on the recall is tentative and a final ruling is expected to be issued Thursday.
Michele Dauber, a Stanford University law professor who has led the recall effort, thanked the judge for a ruling that "validates what we've been saying all along, that Judge Persky filed a frivolous lawsuit the goal of which was to stall and delay the democratic process."