Anh Peng Taylor Case Raises Questions About Judges Appointing Judges in SF

Comments from the blog editors:

Stop Crime has been monitoring the judges of the San Francisco Superior Court for years. We continue to be troubled by aspects of how the criminal courts operate, and by some of the rulings the judges make.

One of our volunteers, John Trasviña, wrote an essay for “The Voice of San Francisco”. We decided that this topic is very important for the public to know about, and are sharing some excerpts from the article in the following blog post:

“The state constitution specifically states Superior Court judges be elected.

by John Trasviña April 24, 2024

The continued quest for justice for Anh Peng Taylor, the 97-year-old immigrant who was stabbed and struck on Post Street in 2021, exposes to the public a little known program of retired temporary judges ruling in our courtrooms. Reform is needed. 

During and following the recent judicial election in March, our right to vote for Superior Court judges has been questioned by formidable pillars of power — sitting and retired judges, the press, San Francisco Board of Supervisors President Aaron Peskin, and the bar association. Meanwhile, another set of unelected judges are quietly appointed by other judges and make significant judicial decisions, including in the criminal courts. The most recent example is Visiting Judge Kay Tsenin’s oversized role in the Anh Peng Taylor case granting probation to the assailant, delaying sentencing, and depriving Taylor and community members supporting her the closure and certainty that the case is over.

On March 15, following the defendant’s guilty plea on the attempted murder charge, retired Judge Tsenin rejected the district attorney’s request to sentence the assailant, already a felon, to a 12-year prison sentence. Instead, Judge Tsenin granted the defendant five years’ probation as long as he participated in counseling and drug or mental health rehabilitation efforts in the Intensive Supervision Program. 

Having a judge who is appointed by another judge and not appointed by the governor or elected weakens public accountability…”

To continue reading this article please click here to go to “The Voice of San Francisco”