Pardons, Clemency, Commutation

Seattle, Washington Pardon, Clemency, and Commutation Attorney

The Washington State Constitution, Article III, Section 9 states that “[t]he pardoning power shall be vested in the governor under such regulations and restrictions as may be prescribed by law.” This provision provides the Governor the constitutional authority to grant pardons.

Additionally, certain statutes provide the Governor with the power to grant pardons, reprieves, and commutations.  See, e.g., RCW 10.01.120 and RCW 9.94A.728(6). The Governor may grant an extraordinary release from incarceration under RCW 9.94A.728(4).

Pursuant to RCW 9.94A.880 and RCW 9.94A.885, the Legislature created the Clemency and Pardons Board.  This Board, which functions within the Office of the Governor, makes recommendations to the Governor on petitions submitted by individuals seeking relief. See RCW 9.94A.885(1).

The process of submitting a petition is not particularly complicated and is certainly something an offender can do himself or herself.  The Board has an informative website that provides useful information on the process.  Additionally, the Board has a Policies and Procedures pamphlet as well as detailed instructions on how to fill out its standardized petition form.

Even though an offender can submit a petition himself or herself, a pardons lawyer can be quite helpful because the Board, in determining what recommendation to make to the Governor, analyzes any and all circumstances in determining whether the case is truly “extraordinary” and therefore deserving of action by the Governor.  See RCW 9.94A.728(4) and RCW 9.94A.885(1).  Among the factors that the Board has considered are the seriousness of the offense; the impact on the victims; whether there is a significant and documented need for clemency; acceptance of responsibility, remorse, and atonement; personal development and positive life changes since the offense occurred; the offender’s criminal history and other relevant background; whether the individual has complied with all obligations imposed by the court; the amount of time elapsed since the offense occurred; and the risk or benefit to the community. However, as the Board has noted, “Washington law does not define ‘extraordinary’ circumstances, and there is no limitation on the factors the Board may consider in making its recommendation to the Governor.” Thus, the investigation necessary to demonstrate that an offender’s case is truly extraordinary can be a daunting endeavor.

Michael Iaria, Dhyana Fernandez, and Lisa Kopecky have extensive experience conducting mitigation investigations in death penalty cases.  In death penalty cases, the defense team must conduct an extensive investigation into not only the case facts but also the life history of the client and his family going back generations.  The lead attorney must turn the vast amount of information produced by this effort into a compelling and persuasive narrative designed to convince key decision makers that the client  deserves to live rather than die.  This effort in death penalty cases to discover and present mitigating circumstances – the extraordinary circumstances of the client and his or her life that call for leniency – is the same effort necessary to demonstrate to the Board and the Governor that a client who seeks a pardon is truly extraordinary and deserving of official forgiveness.