EXECUTIVE DEPARTMENT

Cal. Form N-09

California Superior Local Rules

WHEREAS, California's death penalty system is unfair, unjust, wasteful, protracted and does not make our state safer.

WHEREAS, the state's bedrock responsibility to ensure equal justice under the law applies to all people no matter their race, mental ability, where they live, or how much money they have.

WHEREAS, death sentences are unevenly and unfairly applied to people of color, people with mental disabilities, and people who cannot afford costly legal representation.

WHEREAS, innocent people have been sentenced to death in California. Moreover, the National Academy of Sciences estimates that as many as one in people sentenced to death in the United States is likely innocent.

WHEREAS, since 1978, California has spent $5 billion on a death penalty system that has executed people.

WHEREAS, no person has been executed since because California's execution protocols have not been lawful. Yet today, 25 California death row inmates have exhausted all of their state and federal appeals and could be eligible for an execution date.

WHEREAS, I will not oversee execution of any person while Governor.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, do hereby issue the following order to become effective immediately: IT IS HEREBY ORDERED THAT: 1. An executive moratorium on the death penalty sha ll be instituted in the form of a reprieve tor all people sentenced to death in California.

This moratorium does not provide for the release of any person from prison or otherwise alter any current conviction or sentence. 2. California's lethal injection protocol shall be repealed. 3. The Death Chamber at San Quentin shall be immediately closed in light of the foregoing. IT IS FURTHER ORDERED that as soon as hereafter possible, this Order shall be filed with the Office of the Secretary of State and that widespread publicity and notice shall be given to this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its departments, agencies, or other entities, its officers or employees or any other person. Governor of California ATTEST: ALEX PADILLA Secretary of State

Document details

Collection	California Superior Local Rules
Citation	Cal. Form N-09
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	2f8daa7dd0317e3cc002bef10b54c4856c46e47b

Source file is stored in the law ingest library (pdf).