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 Because Oregon’s death penal­ty was insti­tut­ed by pop­u­lar vote, it can only be repealed by a bal­lot mea­sure.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.

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