Judge issues temporary restraining order preventing Judge Aaron Persky recall campaign from collecting signatures @abc7newsbayarea 5pm— Melanie Woodrow (@MelanieWoodrow) August 11, 2017
The county approved the Recall Judge Aaron Persky Campaign petition Wednesday but attorneys for Persky filed a motion asking the court to block the collection of signatures.
"This is a last ditch desperate effort to block the democratic process," said Stanford Law Professor Michele Dauber who is Chair of the Committee to recall Judge Persky.
"It's not about delay it's about following the law," said Elizabeth Pipkin, Judge Persky's attorney.
At issue is whether the county was the correct entity to certify the petition. Judge Persky's attorney argued the Secretary of State must certify the petition. Also at issue is whether there are misleading statements on the petition regarding how Judge Persky's replacement could potentially be determined.
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"One of the things that's on the petition that's mandated is the fact that we have requested a successor election," said Dauber.
"Under the California constitution the governor would actually appoint Judge Persky's successor and we believe the public needs to know that and not be mislead to believe that they have the right to elect him or her," said Pipkin.
A judge issued a temporary restraining order preventing the recall campaign from collecting signatures until at least August 23rd.
"The recall is going forward no matter how much taxpayer money Judge Persky decides to waste with frivolous litigation," said Dauber.
"He deserves a fair hearing, he deserves fair consideration by the people of this county," said Pipkin.
On August 23rd, the judge will decide whether the petition was properly approved by the county and should be circulated to voters.
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