Jerry Brown's interview with the Sacramento Bee on the death penalty (video here, transcript here) is remarkable in the apparently complete cluelessness of Mr. Brown when it comes to reform of the California's death penalty appeals.
I realize that there are many issues for a gubernatorial candidate, and no one could be completely up to speed on all of them, but Jerry Brown is not just any candidate, and this is not just any issue. His appointment of the virulently anti-death-penalty Chief Justice Rose Bird was the single worst mistake of his prior tenure in the office he now seeks, according to his own former legal affairs secretary. Enforcement of this law is one of the primary responsibilities of the office he now holds. The appeal backlog is one of the primary problems of the California justice system. So you would think he would be up to speed on the proposals that have been made for reform, right? Well, he is not.
"The difficulty is it takes years to get a transcript and then to get the case teed up because you have to have a lawyer and there are not that many lawyers who can do it."
He seems to have swallowed the defense spin on the issue, hook, line, and sinker. The reasons it takes years to get the record certified in California are: (1) the defense bar deliberately stalls; (2) the California Supreme Court lets them stall; (3) the Democratic leadership of the Legislature has killed legislation to stop the stalling. There are a lot of lawyers who can do it, but the Judicial Council has limited the pool with pointlessly severe limitations on who is deemed "qualified," far in excess of what Congress requires for federal capital cases, for example, and the courts have not required lawyers to accept capital appointments as a condition for receiving noncapital appointments.
Several years ago, Senator Morrow introduced well-drafted, carefully considered proposals considerably beyond just hiring more lawyers. They were routinely killed in committee. Did you do anything to revive these bills and get them through the Legislature? Not to my knowledge. Are you even aware of the proposals? Your interview indicates not.
You were a member of the commission that was supposed to investigate what to do about this problem. I testified to that commission about these proposals. I understand you could not attend in person and sent a representative. Fine. Did you ask the representative to tell you what was proposed? Apparently not.
The federal portion of the problem can be greatly reduced by invoking the fast track authority Congress has already given you. I wrote to you almost two years ago asking you to do exactly that. You never answered. You never did anything. You show no awareness of the issue.
"And I will observe the law and I've been down this road before. The people have spoken. The courts have upheld it. I'll carry it out."
But you haven't carried it out in four years. It is true, as you say, "I've appointed good leadership and believe in this law and they are doing the best job they can." I'll give you due credit for that. But that is not enough. Beyond routine litigation under existing law by the career staff, we need strong leadership from the top to grapple with this monster and get it under control. You have not done that in the last four years as Attorney General. Why should the people of California believe you will in the next four as Governor?
I realize that there are many issues for a gubernatorial candidate, and no one could be completely up to speed on all of them, but Jerry Brown is not just any candidate, and this is not just any issue. His appointment of the virulently anti-death-penalty Chief Justice Rose Bird was the single worst mistake of his prior tenure in the office he now seeks, according to his own former legal affairs secretary. Enforcement of this law is one of the primary responsibilities of the office he now holds. The appeal backlog is one of the primary problems of the California justice system. So you would think he would be up to speed on the proposals that have been made for reform, right? Well, he is not.
"The difficulty is it takes years to get a transcript and then to get the case teed up because you have to have a lawyer and there are not that many lawyers who can do it."
He seems to have swallowed the defense spin on the issue, hook, line, and sinker. The reasons it takes years to get the record certified in California are: (1) the defense bar deliberately stalls; (2) the California Supreme Court lets them stall; (3) the Democratic leadership of the Legislature has killed legislation to stop the stalling. There are a lot of lawyers who can do it, but the Judicial Council has limited the pool with pointlessly severe limitations on who is deemed "qualified," far in excess of what Congress requires for federal capital cases, for example, and the courts have not required lawyers to accept capital appointments as a condition for receiving noncapital appointments.
Q: So will death row will continue to grow, with no end in sight?
A: Unless we come up with some proposals. Do you have any ideas? These cases are difficult. The courts are very careful. And to tell you the truth, what I've done as Attorney General, I've appointed good leadership and believe in this law and they are doing the best job they can. And I just have to look at it. I have not seen too many proposals, other than to hire more lawyers and give them more money for investigators as far as advancing the cause.
Where have you been, Mr. Attorney General? Hibernating in a cave? You haven't seen the proposals? Well, then, you haven't looked.
Several years ago, Senator Morrow introduced well-drafted, carefully considered proposals considerably beyond just hiring more lawyers. They were routinely killed in committee. Did you do anything to revive these bills and get them through the Legislature? Not to my knowledge. Are you even aware of the proposals? Your interview indicates not.
You were a member of the commission that was supposed to investigate what to do about this problem. I testified to that commission about these proposals. I understand you could not attend in person and sent a representative. Fine. Did you ask the representative to tell you what was proposed? Apparently not.
The federal portion of the problem can be greatly reduced by invoking the fast track authority Congress has already given you. I wrote to you almost two years ago asking you to do exactly that. You never answered. You never did anything. You show no awareness of the issue.
"And I will observe the law and I've been down this road before. The people have spoken. The courts have upheld it. I'll carry it out."
But you haven't carried it out in four years. It is true, as you say, "I've appointed good leadership and believe in this law and they are doing the best job they can." I'll give you due credit for that. But that is not enough. Beyond routine litigation under existing law by the career staff, we need strong leadership from the top to grapple with this monster and get it under control. You have not done that in the last four years as Attorney General. Why should the people of California believe you will in the next four as Governor?
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