Thursday, January 10, 2008

Kentucky to Limit Pardon Power?

The governor of Kentucky, Steve Beshear (D), and the State's Executive Branch Ethics Commission have unveiled an ethics agenda that includes a self-imposed limit to a governor’s pardoning power. Beshear has changed the internal procedures so that no one can be pardoned who has not yet been tried and convicted of a crime and whose case has made its way through the entire legal process. Former Governor Ernie Fletcher (R) issued blanket pardons in 2005 in the middle of a criminal investigation into hiring practices by his administration, reigniting the debate over how far a governor's pardon powers should stretch. Fletcher and 14 others were eventually indicted, but none were prosecuted for violating the law. There is also a House Bill under consideration that is sponsored by Rep. Darryl Owens (D-Louisville) and Rep. Rob Wilkey (D-Franklin) which attempts to curtail the governor’s pardoning power. See story here and here.

1 comment:

P.S. Ruckman, Jr. said...

At the federal level, the traditional understanding is that the pardon power can be exercised at any time, before, during or after conviction. Richard Nixon, for example, was pardoned for crimes he "may" have committed.

blogger templates | Make Money Online