Mark White, Former Governor of Texas and Death-Penalty Critic, Dies at 77

Mark White (official portrait, pictured), a former governor and attorney general of Texas who became an outspoken critic of the death penalty, died on August 5 at the age of 77. Mr. White served as governor from 1983 to 1987, during which time he oversaw 19 executions. In an unsuccessful comeback bid in 1990, a campaign ad touted his strong support for the death penalty, featuring photos of the men executed during his tenure as governor and declaring, "Only a governor can make executions happen. I did and I will." Over time, however, his views changed and he became an advocate for the wrongfully condemned. In May 2014, White published a reflective op-ed in Politico, in which he declared that the administration of the death penalty is egregiously flawed. Citing the botched April 2014 execution of Clayton Lockett in Oklahoma, White wrote that the death penalty lends itself to mistakes and abuse. Lockett died of a heart attack approximately 40 minutes after the state began administering an untested lethal-injection protocol. “As I’ve watched how the death penalty has been administered over the years," White wrote, "both in Texas and around the country, it has become increasingly clear to me that we just don’t do a good job at any phase of the process, from ensuring that capital trials are fair to the actual handling of executions themselves." White wrote that the death-penalty system is plagued by arbitrariness. "We now have incontrovertible evidence that America’s criminal justice system does a poor job of determining who deserves the death penalty,” he said, noting that 12 Texans had been among the many people released from death row after evidence of their innocence emerged. Since the publication of White's op-ed, that number has risen to 13. As a "recovering politician," White volunteered to work with reform groups and innocence organizations in an attempt to redress his concerns about the unfairness of the criminal justice system. In 2012, he lent his voice to the NAACP Legal Defense and Educational Fund's efforts to obtain a fair sentencing hearing for Duane Buck—who had been sentenced to death after a defense mental health expert, and then the prosecutor, told the jury that he posed an increase risk of violence to society because he is black—narrating the video, A Broken Promise in Texas: Race, the Death Penalty, and the Duane Buck Case. He also served as the long-time co-chair of The Constitution Project's Death Penalty Committee, on which he worked with other former prosecutors, governors, and corrections officials to advance bi-partisan efforts at death-penalty reform.

(M. Ward, M. Rhor, and M. Dempsey, "Former Texas Gov. Mark White dead at 77," Houston Chronicle, August 5, 2017; "Former Democratic Texas Gov. Mark White Dies at 77," Associated Press, August 5, 2017; G. Sloan, "Remembering Governor Mark White," The Constitution Project, August 7, 2017; M. White, "Why I Changed My Mind About the Death Penalty," Politico, May 5, 2014.) See Texas and Arbitrariness.