Judge facing recall effort says it's a waste of taxpayer money and a threat to judicial independence
A California judge facing a recall effort for refusing to impose a mandatory sentence for child sodomy is defending himself in a statement filed with the Orange County Registrar of Voters.
Judge M. Marc Kelly asserts that the recall effort threatens judicial independence and is a waste of taxpayer money that could cost $2.3 million. He says he is a respected judge and a former prosecutor with a reputation for being tough on crime. The Los Angeles Times and the Orange County Register have stories.
The recall effort stems from Kelly’s rejection of a mandatory minimum sentence of 25 years in prison for a 20-year-old man who sodomized a 3-year-old girl. Kelly found the mandatory sentence was unconstitutional and sentenced the defendant to 10 years in prison.
“I took an oath to uphold the Constitution, not to appease politicians,” Kelly writes in the statement.
The sentence is being appealed.
