Orange County Superior Court Judge Marc Kelly is being served with a recall notice today (hat tip to Matt Coker at the OC Weekly), and should the movement to remove the judge for an atrocious sentence of 20-year old Kevin Jonas Rojano-Nieto, who sexually assaulted a three-year old girl he was related to. The crime would normally call for a term of 25 years to life in prison under state law, but Kelly found that the sentence in this case was “unconstitutional” and sentenced Rojano-Nieto to a much shorter stint.
From the Weekly’s story:
“Bryan Scott, chairman of Remove Judge M. Marc Kelly From the Bench says he will be joined by Orange County crime victims when they personally serve Kelly with the notice at 10 this morning. Scott launched an anti-Kelly Facebook campaign shortly after the veteran judge deviated from a state mandated 25 year prison sentence for a convicted child molester and ordered a 10-year term instead.”
The public cry about the injustice can be heard from the DA’s office, which is appealing the sentence, and the county board of supervisors. Kelly has a few defenders, but a lot of people want him out.
Our tipsters tell us that should Judge Kelly be recalled, a person very interested in taking his place is none other than Fourth District Supervisor Shawn Nelson. A lawyer by trade, Nelson, we’re told, is making rounds letting folks around the county know he would like to be appointment as Kelly’s replacement (not sure if Nelson has told his stylist and colorist about his plans). Of course, a lot of things have to happen, the first being Kelly’s removal and then the decision on who replaces Kelly lies with Governor Jerry Brown.
Would Brown appointment someone so conservative to the bench? It’s impossible to say.
But if “ifs and buts were candy and nuts, it’d be Christmas every day” scenario that Brown does tap Nelson, it will set off an interesting bid in a special election to replace Nelson. While Nelson won the special election that propelled him from the Fullerton City Council to the County, it was only because the Democratic vote was split between Lorri Galloway, Art Brown and Rose Espinoza. The Fourth District is considerably more blue than other districts, but even speculating on possible replacements in way premature.
We’ve asked the Supervisor for comment yesterday and are awaiting a response.
There are several others jockeying for this I hear. Including Claudia Alvarez, whose courtroom experience outweighs Nelson, Spitzer and Diamond combined. Plus she is a much better person than any of those three.
She isn’t a better person. Go back and read all the posts we did on her attacks on Irv Chase and why it took her so long to figure out whi referring to a Jewish man as Hitler was offensive. Spitzer wants media attention more than actual governance and being judge won’t do it. Diamond as a judge? That’s funny.