Chief Justice Proposes Changes to Speed Execution Appeals

SACRAMENTO, Calif. — California’s chief justice has proposed that the state Supreme Court be permitted to transfer some of its death penalty cases to lower courts to help accelerate the review process.

Gov. Arnold Schwarzenegger has scheduled an expedited review of Chief Justice Ronald M. George’s proposal for the amendment to the state constitution. Under the existing state constitution established in 1850, the Supreme Court has the authority to choose which civil or criminal matters it reviews, but is mandated to hear all capital case appeals.

With 652 men and 15 women on death row, California has the highest population of condemned inmates in the United States . More than 550 inmates have been on death row for more than a decade and only 13 have been executed since the death penalty was reinstated almost 30 years ago.

It takes the state an average of 17.2 years to execute an inmate, twice as long as other jurisdictions in the United States . The legal mandate for capital review and the number of inmates on death row equate to the Supreme Court spending more than 20 percent of its time on capital cases, according to state officials.

The California Supreme court rules on approximately 20 capital punishment appeals cases each year and with the proposed amendment, would have the power to transfer about 30 additional cases each year to lower courts.

Officials are hopeful that the combined efforts of the state’s seven high court justices and 105 appellate judges will reduce the wait for executions. However, a lack of defense lawyers could slow the process down.

Staffing at the state public defender’s office dedicated to death penalty appeals has been reduced during the last decade. Approximately 90 inmates on death row are awaiting appointment of counsel, a process that typically takes four to six years, according to state officials.

Private attorneys can step in to help the state at a cost set by the state Legislature of $140 an hour. However, some private attorneys are hesitant because the appeals process for condemned prisoners can be time consuming and intense, according to law officials.

Advocates of the proposal believe that it will create more time for the Supreme Court to review cases that are highly controversial and could set important precedents.

A public hearing is scheduled in early January for the California Commission for Fair Administration of Justice to review the proposal and officials hope to see it on the ballot in November.