Governor Murphy launches historic clemency initiative
Executive Order Includes Standards for Expedited Consideration and Establishes Advisory Board to Provide Objective Review of Pardons and Commutations
NEW JERSEY – Governor Phil Murphy Wednesday outlined his plans to issue pardons and commutations using best practices that include expedited consideration for certain clemency applications.
Executive Order No. 362, which Governor Murphy signed Wednesday, sets out certain categories of pending or future clemency applications that will receive expedited review during the Murphy Administration.
For example, individuals may receive expedited consideration for pardons for certain non-violent convictions if they have remained free from justice system involvement for sufficient time. Other examples of those receiving expedited consideration include individuals who are serving sentences that reflect an excessive trial penalty, and victims of domestic or sexual violence or sex trafficking who are incarcerated for committing a crime against the perpetrator.
The fundamental goal underlying this initiative is to provide relief from inequities that have existed and been perpetuated in the criminal legal system.
The Executive Order also establishes a Clemency Advisory Board, which will be responsible for reviewing each clemency application and making recommendations to the Governor. The board will be the first of its kind in state history and will ensure that the Governor’s decisions regarding pardons and commutations are informed by the advice of individuals with diverse experiences and expertise relating to criminal justice and clemency.
“As we celebrate Juneteenth and reflect on our nation’s ongoing journey toward racial justice for Black and Brown Americans, I am proud to sign this Executive Order to help address inequities and unfairness in our system of justice in New Jersey,” Murphy said. “This new clemency initiative is a cornerstone of our Administration’s efforts to make New Jersey the State of Second Chances. Today, we pledge to take a responsible and equity-driven approach to pardons and commutations that will prioritize the most compelling cases.”
“In the spirit of Juneteenth, today we take another step forward in the ongoing struggle for racial justice in America,” said Lt. Governor Tahesha Way. “Too many people have been failed by our criminal justice system. The signing of this Executive Order provides second chances for our society and those who receive clemency. I am proud to see our state build upon our efforts for a progressive criminal justice system that truly ensures justice for all.”
New Jersey’s Constitution gives the Governor broad discretion to issue pardons and commutations to individuals for state criminal convictions. Each clemency applicant will receive individualized consideration by the Clemency Advisory Board. The criteria for expedited consideration stated in the Executive Order reflect categories of applications that are particularly likely to warrant an exercise of executive clemency by the Governor.
The Clemency Advisory Board will include a designee of the Attorney General and public members with a variety of backgrounds, including from the defense bar and advocacy communities.
The appointed members of Governor Murphy’s Clemency Advisory Board are:
- Chair: Justin Dews, Counsel at King & Spalding
- Attorney General’s Designee: Michael Zuckerman, Deputy Solicitor General
- Public Member: Jessica Henry, Professor of Justice Studies at Montclair State University
- Public Member: Bishop Joshua Rodriguez, Bishop and Founding Partner of Cityline Church and Police Chaplin at Jersey City Police Department
- Public Member: JoEllyn Jones, Founding Partner at Jones & Ortiz P.A.
- Public Member: Ed Neafsey, Adjunct Professor at Rutgers Law School – Newark
Over the past six years, several initiatives have been implemented to ensure that individuals involved in the justice system have a second chance to rebuild their lives. From signing legislation banning the box in housing to restoring voting rights to over 80,000 residents on probation or parole to the creation of a petition process for “clean slate” expungements for certain offenders and more, the Murphy Administration has solidified New Jersey’s standing as one of the nation’s most progressive criminal justice systems.
In addition to today’s Executive Order signing, the state launched a website to serve as a home base for those seeking more information on the Governor’s executive clemency initiative. The website, nj.gov/clemency, also provides attorneys and those representing themselves access to application materials for executive clemency.
“In New Jersey, we believe in second chances and giving our residents every opportunity to succeed,” said Attorney General Matthew J. Platkin. “Governor Murphy’s creation of a Clemency Advisory Board and plan to ensure expedited consideration for a large number of worthy applicants demonstrates this administration’s commitment to those principles.”
“Corrections is based upon providing the opportunity for second chances, and our criminal and justice systems must provide meaningful opportunities for rehabilitation and redemption,” said Corrections Commissioner Victoria Kuhn. “Clemency offers a chance for individuals to accept responsibility for their actions and to learn, grow, and become contributing members of society once again.”
