Oregon Supreme Court Affirms Governor's Halt to All Executions

The Oregon Supreme Court ruled that Governor John Kitzhaber may delay the executions of the state’s death row inmates during his term of office. In 2011, Kitzhaber instituted a moratorium on all executions in the state, saying, “I refuse to be a part of this compromised and inequitable system any longer; and I will not allow further executions while I am Governor.” That decision was challenged by death row inmate Gary Haugen, who had waived his appeals in order to speed up his execution. Haugen argued that the reprieve was invalid because he refused to accept it, but the Court rejected that argument, ruling that the governor’s clemency power is not dependent on the inmate’s acceptance and noting that the reprieve will come to an end when the governor leaves office. Kitzhaber has urged the state legislature to allow a statewide vote on the death penalty. Because Oregon’s death penalty was instituted by popular vote, it can only be repealed by a ballot measure. Oregon has had 2 executions since the death penalty was reinstated, both involving inmates who waived their appeals.

(J. Cooper, “Oregon court upholds governor’s execution delay,” Associated Press, June 20, 2013.) Read the court’s decision. See Clemency.