Over the past year, the ACLU of New Jersey has called for the broad use of categorical clemency as a tool to address systemic failures and excessive sentences in the criminal legal system. When we launched The Clemency Project earlier this year, we urged our state to live up to its values of freedom and justice for all. Shortly after, Governor Murphy created an advisory board to provide expedited review of petitions for release.
To start, the ACLU-NJ's Clemency Project attorneys focused on filing petitions for incarcerated survivors of domestic violence and those who are serving sentences impacted by extreme trial penalties – a reference to people who are serving significantly longer sentences because they opted to exercise their constitutional right to a trial rather than agreeing to a prosecutor’s plea offer. In the first granting of clemency under his administration, Governor Murphy commuted the sentences of three of our clients and pardoned 33 others on December 16. A defining moment in our state’s history that showed clemency is about so much more than mercy – it's about a second chance at freedom.
The New Jersey State Constitution grants the governor exclusive authority to issue pardons and commutations, with each governor determining their office's clemency review process. On December 18, the ACLU-NJ hosted a virtual panel discussion, “Clemency Briefing for Attorneys,” to unpack the clemency process, discuss the opportunities created under Executive Order 362, and highlight best practices for petitioning on behalf of clients who are overdue for relief.
Attorneys were offered 1.5 continuing legal education (CLE) credits, and the session was introduced by ACLU-NJ Legal Director Jeanne LoCicero and moderated by ACLU-NJ Director of the Clemency Project Rebecca Uwakwe. Our panelists included:
- John Butler, Director of Criminal Justice Policy, Office of the Governor
- Jessica Henry, Clemency Advisory Board Member, Office of the Governor
- Leigh Kelsey O’Donnell, Special Senior Counsel, Office of the Governor
- Alison Perrone, Deputy Public Defender, Office of the Public Defender
Our expert panelists discussed the formation of the governor’s clemency advisory board, the criteria for expedited petitions, the step-by-step review and interview process for applicants, and provided practical guidance for practitioners on crafting compelling petitions, emphasizing the power of storytelling.
The ACLU-NJ builds on the work of the national ACLU’s Redemption Campaign, launched in 2020, advocating for each governor to use categorical clemency in their state to address the harms of mass incarceration and racial disparities in the criminal legal system. Clemency, when applied categorically and strategically, has the potential to address systemic inequities while celebrating rehabilitation.
Watch the full discussion and join us in building a more equitable legal system through the gubernatorial clemency process.
CLE accreditation has been generously provided courtesy of Lowenstein Sandler; accompanying materials can be found here. To receive 1.5 CLE credits for this training, please fill out the forms at the links below as soon as possible after the event. The links expire one week after the event on December 25, 2024.
