Buckeye expedited clemency ideas now flowering even more robustly in the Garden State
Long-time readers shoudl be somewhat familiar with the extraordinary work of Governor Mike DeWine here in Ohio through the great Expedited Pardon Project. I am, of course, biased in my praise for Ohio’s EPP effort in part because The Ohio State University’s Drug Enforcement and Policy Center (DEPC) has been playing a significant role helping the Governor’s clemency work through this ground-breaking program, and we not long ago celebrated at OSU the many pardons that Gov DeWine has already granted. I have in thsi space and elsehwhere asserted that other Governors should follow the lead and clemency achievements of Ohio Gov DeWine, and a few months ago I posted here about comments by New Jersey Governor Phil Murphy suggesting he was working on a new clemency initiative.
Against that backdrop, I was incredibly excited last week to be forwarded this official press release, fully headlined “Governor Murphy Launches Historic Clemency Initiative: Executive Order Includes Standards for Expedited Consideration and Establishes Advisory Board to Provide Objective Review of Pardons and Commutations.” Here is how the lengthy release gets started:
Governor Phil Murphy today outlined his plans to issue pardons and commutations using best practices that include expedited consideration for certain clemency applications.
Executive Order No. 362, which Governor Murphy signed today, sets out certain categories of pending or future clemency applications that will receive expedited review during the Murphy Administration. For example, individuals may receive expedited consideration for pardons for certain non-violent convictions if they have remained free from justice system involvement for sufficient time. Other examples of those receiving expedited consideration include individuals who are serving sentences that reflect an excessive trial penalty, and victims of domestic or sexual violence or sex trafficking who are incarcerated for committing a crime against the perpetrator. The fundamental goal underlying this initiative is to provide relief from inequities that have existed and been perpetuated in the criminal legal system.
The Executive Order also establishes a Clemency Advisory Board, which will be responsible for reviewing each clemency application and making recommendations to the Governor. The board will be the first of its kind in state history and will ensure that the Governor’s decisions regarding pardons and commutations are informed by the advice of individuals with diverse experiences and expertise relating to criminal justice and clemency.
“As we celebrate Juneteenth and reflect on our nation’s ongoing journey toward racial justice for Black and Brown Americans, I am proud to sign this Executive Order to help address inequities and unfairness in our system of justice in New Jersey,” said Governor Murphy. “This new clemency initiative is a cornerstone of our Administration’s efforts to make New Jersey the State of Second Chances. Today, we pledge to take a responsible and equity-driven approach to pardons and commutations that will prioritize the most compelling cases.”
The full executive order includes all sorts of notable details about the reasons for and structure of this notable new clemency intiative. And, excitingly, the Garden State effort grows beyong the Buckeye State model. In Ohio, the expedited clemency process is only for pardon applicants, while in New Jersey it appears even persons seeking commutations while serving a prison term or while on supervision can apply.
Kudos to NJ Governor Murphy for finally attending to his clemency responsibilities (though I will note that Oho Gov DeWine got his program at the start of his tenure, rather than towards its close). I hope the great ideas of expanded and expedited clemency programs continues to flower in more an more states.