In an historic move to ensure that Texas fairly applies the death penalty and that defendants are afforded proper legal protections to prove their innocence, Texas Governor Rick Perry appointed a nine-member special council with sweeping powers to review an array of legal issues ranging from police investigations to court appeals. The appointment of the panel is the first acton of its kind by a Texas governor in decades.

“I have great confidence in our justice system, but no system is perfect, and we must not be afraid of asking the questions that will lead to creating a more perfect system of justice for all the people of Texas,” Gov. Perry said after issuing the Executive Order to create the panel. He noted that among the factors leading to the panel’s creation were evidence testing mistakes at the Houston crime lab that affected thousands of criminal cases, court rulings barring the execution of juvenile offenders and those with mental retardation, and questions about whether Texas is properly affording full legal rights to foreign citizens imprisoned in the state.

The panel will include judges, lawmakers, victims’ advocates, defense attorneys, and legal scholars. It will not seek public comment, but its meetings will be open to the public. Gov. Perry stated that the members will be given the leeway to recommend whatever changes in the justice system may be necessary. The panel’s recommendations will be sent to the governor by January 2006, before the start of the next legislative session.

“I believe it is an excellent start toward getting to the bottom of miscarriages of justice. I look forward to talking and working with Governor Perry … to ensure that Texans have a criminal justice system that provides them with the protection that they deserve and is instilled with the fairness and integrity that justice demands,” said Sen. Rodney Ellis.

(Austin American-Statesman, March 15, 2005). See Innocence.