CA Judge: Recall Petition ‘An Attack on Judicial Independence’

Superior Court Judge M. Marc Kelly sponsored a juror appreciation luncheon at the Central Justice Center in Santa Ana Wednesday. Superior Court Juror Appreciation Week runs from May 13-17.  ///ADDITIONAL INFO //// jurorday.0515.ots -- shot 5/15/13 --   ///  Photo by H. Lorren Au Jr., Orange County Register.
Judge Kelly

An Orange County, Ca. Superior Court judge, facing a recall effort over his sentencing of a man convicted of sexually assaulting a 3-year-old girl, has criticized the recall petition as “an attack on judicial independence.”

Judge Marc Kelly said, according to the Orange County Register, in his first public remarks:

“I took an oath to uphold the Constitution, not to appease politicians. A judge who doesn’t follow the Constitution today won’t follow it tomorrow when your rights are at stake.

“Don’t let politicians intimidate judges. Keep politics out of courtrooms.”

Some activists are incensed that Judge Kelly sentenced the defendant to 10 years instead of the legal minimum of 25 years for the offense, and the Orange County Board of Supervisors called on him to resign.

At sentencing, Judge Kelly said the defendant seemed remorseful and failed to match a sexual predator’s profile.