Clemency requests in California must be approved by the Supreme Court, and they are not always approved. Denials of clemency requests, says David Ettinger, are “essentially court determinations that the clemency grants would have been abuses of gubernatorial powers.”
In one particular case back in 2019 concerning Joe Hernandez, a majority of the Supreme Court, without specifying a reason, declined to recommend the commutation.” Ettinger notes that then-Gov. Brown fumed, “Read the ones who were approved and read the ones who were disapproved and you tell me what the rule is.”
Gov. Newsom, on the other hand, has a nearly perfect record on his clemency recommendation requests. Why the change?
Watch the clip here.
This is a clip from episode 53 of the California Appellate Law Podcast. Listen to the full episode here.