California Governor Gavin Newsom is facing significant backlash from prosecutors across the state following his decision to commute the sentences of all 548 death-row inmates. District attorneys have voiced strong opposition, with some alleging the move may violate the state constitution and disregard the legal process.
One of the primary concerns raised by prosecutors centers on the constitutional requirement for commutations of individuals twice convicted of a felony. According to the San Luis Obispo District Attorney's Office, the state constitution bars such commutations unless the California Supreme Court recommends it with at least four justices concurring. Newsom himself acknowledged this potential legal hurdle, noting that while he is confident his action is consistent with California law, the Supreme Court justices will be tasked with a weighty decision they did not choose.
Prosecutors have also highlighted the impact of Newsom's decision on the families of murder victims. Dan Dow, the district attorney for San Luis Obispo County, stated that Newsom's action tells the families of victims that the killers' lives matter more. He criticized the governor for using a pen to erase jury verdicts and voter decisions. The San Luis Obispo DA's office pointed out that 342 of the 548 death-row inmates fall into the category of being twice convicted of a felony.
Greg Totten, CEO of the California District Attorneys Association, echoed these sentiments, asserting that clemency is an extraordinary power intended for relief in individual cases, not as a substitute for legislative processes or a way for one official to nullify jury verdicts. He accused Newsom of turning a constitutional safeguard into an instrument of personal policy.
Victim advocacy groups are also preparing to challenge Newsom's decision. Anne Marie Schubert, who leads the Criminal Justice Legal Foundation, told The Post that her organization intends to bring a legal challenge on behalf of crime victims and the rule of law. The California Supreme Court's press office declined to comment on the matter.
Newsom's commutation order affects inmates who have been on death row in California, a state that has not carried out an execution since 2006. The governor's office has stated that this decision is part of a broader effort to address systemic issues within the justice system, though the immediate response from law enforcement and legal officials has been largely critical.