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Government,
Criminal,
Constitutional Law

Jun. 6, 2019

Governor could end capital cases by executive order

California constitutional and statutory provisions, judicial precedent, and attorney general opinions show that a governor can order state prosecutors to stop pursuing capital cases.

David A. Carrillo

Executive Director
California Constitution Center at Berkeley Law.

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David Belcher

Senior Research Fellow
California Constitution Center

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Michael Belcher

Senior Research Fellow
California Constitution Center

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Governor could end capital cases by executive order
Gov. Gavin Newsom in Huntington Beach last year. California's governor is not a king. The courts have the final say on how the law should be enforced. The Legislature can remove a governor's statutory powers. And the voters can recall or vote out a governor for nonperformance. But between a governor and an attorney general, the governor gives the orders. (New York Times News Service)

California constitutional and statutory provisions, judicial precedent, and attorney general opinions show that a governor can order state prosecutors to stop pursuing capital cases. California's constitution gives its governor superior executive power over an attorney general. If the two conflict, the governor controls executive branch policy. And an attorney general has constitutional power to supervise county prosecutors, and to assume control over local criminal c...

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